Appeal No. 97-1119
Application 08/285,219
art, that the spacecraft itself be oriented to obtain the desired
thrust from the solar radiation; instead, in Piening, it is the
panels and vanes on the spacecraft which are oriented. Moreover,
claim 16 requires a space-based platform "having a large aspect
ratio", which is not disclosed or taught by Piening; this
limitation is not addressed by the examiner, although referred to
in appellants' brief.
Accordingly, the rejection of claims 16 to 22 under 35 USC
§ 103 will not be sustained.
Conclusion
The examiner's decision to reject claims 16 to 22 is
reversed. Claims 16-22 are are rejected pursuant to 37 CFR
1.196(b).
This decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by
final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997),
1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR § 1.196(b) provides that, “A new ground of rejection shall
not be considered final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN
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