Appeal No. 2006-0970
Application No. 10/293,826
In addition, we refer in our opinion below to the following art, already of record
Hagen 3,120,363 February 4, 1964
Brown (Brown 2) 2,949,550 August 16, 1960
And the following art, that we newly enter into the record
Foote 5,503,350 April 2, 1996
Campbell 6,317,310 November 13, 2001
REJECTIONS
Claims 1-27 stand rejected under 35 U.S.C. § 101 as being unpatentable as
directed to non-operable subject matter lacking utility for such utility as is asserted being
incredible.
Claims 1-27 stand rejected under 35 U.S.C. § 112, first paragraph, as being
unpatentable as failing to enable the use of the claimed subject matter which applicant
regards as the invention.
Claims 1-27 stand rejected under 35 U.S.C. § 103 as being unpatentable as
obvious over Moore in view of Naudin, The Lifters Experiments or Naudin, How to Build
and Replicate Yourself the Lifter1 Experiment or Brown and Kantrowitz
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellant regarding the above-noted rejection, we make reference to the examiner's
answer (mailed December 17, 2004) and the non-final rejection from which the appeal
is made (mailed June 2, 2004) for the reasoning in support of the rejection, and to
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