Ex parte HUBERT - Page 2




                 Appeal No. 96-1999                                                                                                                     
                 Application 08/216,382                                                                                                                 



                                   This is an appeal from the final rejection of claims                                                                 
                 1 through 8 and from the refusal of the examiner to allow                                                                              
                 claim 9,                                                                                                                               


                 as amended subsequent to the final rejection.  These claims                                                                            
                 constitute all of the claims in the application.                                                                                       


                                   Appellant’s invention pertains to a spacecraft and                                                                   
                 to a method of imparting a velocity to a spacecraft.  An                                                                               
                 understanding of the invention can be derived from a reading                                                                           
                 of exemplary claims 1 and 8, copies of which appear in the                                                                             
                 APPENDIX to the brief (Paper No. 10).                                                                                                  


                                   As evidence of anticipation, the examiner has ap-                                                                    
                 plied the document specified below:                                                                                                    
                 Hubert                 5,058,834                 Oct. 22, 1991                                                                         


                                   The following rejection is before us for review.2                                                                    

                          2A final rejection of claims 2 through 7 under 35 U.S.C.                                                                      
                 § 103 was withdrawn by the examiner, as noted on page 1 of the                                                                         
                 answer (Paper No. 12).                                                                                                                 
                                                                           2                                                                            





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