Ex parte MARKSTEIN et al. - Page 5




          Appeal No. 1999-1084                                                        
          Application No. 08/818,051                                                  


               The appealed claims stand finally rejected under 35                    
          U.S.C.                                                                      
          § 103 as unpatentable over the following combinations of                    
          references:                                                                 
          (1) Claims 1 to 3, 6 to 8, 10, 11 and 15 to 18, Lippmeier in                
          view of the French patent;                                                  
          (2) Claim 12, Lippmeier in view of the French patent, Thompson              
          and Curties.                                                                
          Rejection (1)                                                               
               As stated by the examiner, the basis of this rejection is              
          (final rejection, pages 2 and 3):                                           
                         Lippmeier et al. discloses all parts of the                  
                    claimed invention (including variable thrust                      
                    vectoring axisymmetric exhaust nozzle having a                    
                    multi-degree of freedom pivotal flaps, primary                    
                    actuating means that operate independent of each                  
                    other [see figure 1 and columns 1 and 2], and                     
                    vectoring ring 86 that is axially translatable                    
                    and tiltable [see column 2] [)], except for the                   
                    specific details of the flap attitude actuators                   
                    which includes the primary and failsafe piston.                   
                    However, French 999,277 discloses a system that                   
                    utilizes primary piston 2 and failsafe piston 4                   
                    to halt the movement of piston 2.                                 
                         It would have been obvious to one of                         
                    ordinary skill in the art at the time the                         
                    invention was made to use [the] French 999,277                    
                    system on Lippmeier et al.’s nozzle vectoring                     
                    system to position Lippmeier et al.’s flaps 54                    

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