Ex parte PAPENHAGEN et al. - Page 2




         Appeal No. 99-1752                                                       
         Application 08/632,955                                                   


         dependent  claims 8 and 9 are now objected to but would                  
         otherwise be                                                             


         allowable if rewritten in independent form.  It follows that             
         only claims 1 through 7 are before us for appellate review.              


              Appellants’ invention relates to a motion transmitting              
         device for controlling an internal combustion engine by means            
         of an accelerator pedal.   A further understanding of the                
         invention can be derived from a reading of exemplary claim 1,            
         a copy of which appears in the APPENDIX to the brief (Paper              
         No. 6).                                                                  

              As evidence of anticipation, the examiner has applied the           
         document specified below:                                                


         Tamaki               5,509,396               Apr. 23, 1996               
         (filed Apr. 12, 1994)                                                    


              The following rejection is before us for review.                    


              Claims 1 through 7 stand rejected under 35 U.S.C. §                 
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