Ex parte LANGE et al. - Page 3




          Appeal No. 97-0963                                         Page 3           
          Application No. 08/439,515                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a combustion engine of            
          the turbocompound type having an exhaust gas brake.  An                     
          understanding of the invention can be derived from a reading of             
          exemplary claim 6, which appears in the appendix to the                     
          appellants' brief.                                                          


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Woon et al.  (Woon)      5,142,868                Sept. 1, 1992             



               Claims 6 through 11 stand rejected under 35 U.S.C. § 102(b)            
          as being anticipated by Woon.                                               


               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and the appellants regarding the above-noted                   
          rejection, we make reference to the final rejection (Paper No. 7,           
          mailed December 26, 1995) and the examiner's answer (Paper No.              
          17, mailed August 23, 1996) for the examiner's complete reasoning           
          in support of the rejection, and to the appellants' brief (Paper            
          No. 16, filed July 26, 1996) for the appellants' arguments                  
          thereagainst.                                                               







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