Appeal No. 2002-1827 Page 2
Application No. 09/428,594
BACKGROUND
The appellant's invention relates to an exhaust scavenging system for an internal
combustion engine. An understanding of the invention can be derived from a reading of
exemplary claim 1, which appears in the appendix to the appellant's Brief.
The single prior art reference of record relied upon by the examiner in rejecting
the appealed claims is:
McManus 5,678,404 Oct. 21, 1997
Claims 1-13 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
McManus.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the Answer
(Paper No. 10½) for the examiner's complete reasoning in support of the rejection and
to the Brief (Paper No. 10) and Reply Brief (Paper No. 12) for the appellant's arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art reference, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
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