Ex parte HUBERT - Page 7




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



                 Hubert (column 3, lines 56 through 62), “[i]f thruster 38 is                                                                           
                 not to be energized,” valves are controlled whereupon liquid                                                                           
                 is transferred between containers.4                                                                                                    


                                   Based upon our above findings regarding the teaching                                                                 
                 of the Hubert patent, it is clear to us that this reference                                                                            
                 does not                                                                                                                               
                 teach, only during operation of a first thruster, preferential                                                                         
                 feed of propellant from one of the first and second tanks to                                                                           
                 the first thruster in a manner which tends to move the actual                                                                          
                 center of mass relative to an axis of thrust in a manner which                                                                         
                 tends to maintain the attitude of the spacecraft (claim 1 on                                                                           
                 appeal) or                                                                                                                             
                 only during the firing of a thruster, controlling the flow of                                                                          
                 propellant from tanks in a manner which tends to move the                                                                              
                 actual center of mass of a spacecraft relative to the thrust                                                                           
                 axis of the thruster (method claim 8 on appeal).  It is for                                                                            

                          4Both the examiner (answer, page 3) and appellant (brief,                                                                     
                 page 5) understand the system of the Hubert reference as                                                                               
                 operating so long as there is an imbalance of the spinning                                                                             
                 spacecraft, regardless of the operating state of the velocity                                                                          
                 change thruster.                                                                                                                       
                                                                           7                                                                            





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