Appeal No. 2003-0304
Application 09/703,302
Appellant’s invention is directed to a gaseous-fuel
breathing rocket engine. As noted on pages 1-2 of the
specification, the preferred gaseous fuel is a gaseous fuel that
contains hydrogen, and the reservoir containing such gaseous fuel
may be the gas retaining structure of an airship, such as gas
bags, wherein the gaseous fuel serves as the lifting gas.
Independent claims 1, 15 and 16 are representative of the subject
matter on appeal and a copy of those claims may be found in
Appendix I of appellant’s brief.
The sole prior art reference relied upon by the examiner in
rejecting the appealed claims is:
Mirville 5,012,640 May 7, 1991
Claims 1 through 19 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by Mirville.
Rather than attempt to reiterate the examiner's full
commentary with regard to the above-noted rejection and the
conflicting viewpoints advanced by the examiner and appellants
regarding the rejection, we make reference to the examiner's
answer (Paper No. 13, mailed May 30, 2002) for the reasoning in
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