Appeal No. 2004-0058
Application No. 09/728,518
BACKGROUND
The appellant's invention relates to a method for potentiating an engine's power
contribution to a hybrid electric vehicle's performance in a take-off operating condition.
A copy of the claims under appeal is set forth in the appendix to the appellant's brief.
Claims 3 to 8 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 5,081,3652 to Field et al. (Field).
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. 15, mailed February 12, 2003) for the examiner's complete reasoning in
support of the rejection, and to the brief (Paper No. 14, filed January 21, 2003) 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 Field patent, and to the respective
positions articulated by the appellant and the examiner. As a consequence of our
review, we make the determinations which follow.
2 Issued January 14, 1992.
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