Ex Parte VANMOOR - Page 2




                Appeal No. 2002-0011                                                                           Page 2                   
                Application No. 09/179,643                                                                                              


                                                          BACKGROUND                                                                    
                        The appellant's invention relates to a rotary internal combustion engine.  A copy                               
                of the claims under appeal is set forth in the appendix to the appellant's brief.                                       


                        The prior art references of record relied upon by the examiner in rejecting the                                 
                appealed claims are:                                                                                                    
                Ingraham                               1,184,650                               May  23, 1916                            
                Harris et al. (Harris)                 1,268,794                               June   4, 1918                           
                Faulman                                1,845,834                               Feb.  16, 1932                           



                        Claim 1 stands rejected under 35 U.S.C. § 103 as being unpatentable over                                        
                Faulman in view of Harris.                                                                                              


                        Claim 2 stands rejected under 35 U.S.C. § 103 as being unpatentable over                                        
                Faulman in view of Harris and Ingraham .                                                                                


                        Rather than reiterate the conflicting viewpoints advanced by the examiner and                                   
                the appellant regarding the above-noted rejections, we make reference to the final                                      
                rejection (Paper No. 11, mailed November 15, 2000) and the answer (Paper No. 19,                                        
                mailed July 10, 2001) for the examiner's complete reasoning in support of the                                           








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