Ex Parte Provitola - Page 6




          Appeal No. 2003-0304                                                        
          Application 09/703,302                                                      


          rocket engine which includes a gaseous-fuel duct defining a                 
          gaseous-fuel intake (30), a gaseous-fuel compressor (3) for                 
          compressing gaseous fuel, a turbine assembly (6) disposed in an             
          annular chamber (8) and including at least one turbine rotor                
          blade (7) operatively associated with each of the compressor                
          blades, a source of liquid oxygen (24), a pump (25) for                     
          transporting the liquid oxygen from the source to the annular               
          chamber so as to rotate the turbine, an oxygen exhaust path (16)            
          from the annular chamber, and one or more injectors (at 17) for             
          directing the oxygen into the gaseous-fuel duct for mixing with             
          the compressed gaseous fuel.  By contrast, the air-hydrogen                 
          turbo-jet engines of Figures 1-8 in the Mirville patent do not              
          include “a source of liquid oxygen” and “at least one pump for              
          transporting the liquid oxygen from the source into the annular             
          chamber so as to rotate the turbine rotor stage.”                           


          Like appellant, we view claim 1 as being directed to a                      
          combination, wherein a source of liquid oxygen is positively set            
          forth as part of the combination, along with at least one pump              
          for transporting the liquid oxygen from the source into the                 
          annular chamber so as to rotate the turbine rotor stage.  Since             
          the engines of Mirville have no “source of liquid oxygen” or pump           
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