Ex parte ROBERTSON et al. - Page 3




          Appeal No. 2001-0735                                       Page 3           
          Application No. 09/135,390                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to vacuum pumps.  A                  
          copy of the claims under appeal is set forth in the appendix                
          to the appellants' brief.                                                   


               The prior art of record relied upon by the examiner in                 
          rejecting the appealed claims is:                                           
          Osada et al. (Osada)          5,222,878                June 29,             
          1993                                                                        
          The appellants' admission of prior art (specification, page 1,              
          line 17 to page 3, line 8; Figures 1-2) relating to a vacuum                
          unit (Admitted Prior Art).                                                  


               Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103 as              
          being unpatentable over the Admitted Prior Art in view of                   
          Osada.                                                                      


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the answer (Paper No. 11,                   
          mailed September 19, 2000) for the examiner's complete                      
          reasoning in support of the rejection, and to the brief (Paper              








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