Ex Parte FERNANDES et al - Page 6




          Appeal No. 2001-1702                                                        
          Application 09/186,429                                                      



          brief (page 4).  Accordingly, we will not sustain the examiner's            
          rejection of dependent claims 3, 6, 9, 12 and 15 under 35 U.S.C.            
          § 103(a).                                                                   


                    As should be apparent from the foregoing, the decision            
          of the examiner rejecting claims 1, 3, 4, 6 through 10 and 12               
          through 19 of the present application is, accordingly, reversed.            


                    In addition to the foregoing, we find it necessary to             
          REMAND this application back to the examiner for consideration of           
          the following issue:                                                        


                    During any further prosecution of this application, we            
          urge the examiner to consider the propriety of a rejection of               
          claims 1, 4, 7, 8, 13, 14, 16, 17 and 19 under 35 U.S.C. § 103(a)           
          based on the combined teachings of a vessel like that described             
          in appellants’ discussion of the prior art (specification,                  
          pages 1-3 and Figure 1) and the stabilizer system as set forth              
          in Carlsen.  Carlsen notes (col. 1, lines 11-19) that the stabi-            
          lizer system therein was “developed especially for use with                 
          surface vessels used for work in the offshore sector” and more              
          specifically, for ships used in the investigation and production            


                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007