Ex Parte Adams - Page 2

                 Appeal 2007-0871                                                                                      
                 Application 10/967,816                                                                                

                        equipping a user with a buoyancy compensator comprising a                                      
                 controller, tank containing at least one gas, and an expander, the tank being                         
                 operably connected to deliver the at least one gas to the expander under the                          
                 control of the controller;                                                                            
                        providing a hydrofoil;                                                                         
                        connecting the hydrofoil to the user;                                                          
                        positioning the user and hydrofoil underwater at a selected depth; and                         
                        operating the controller to alternate the overall buoyancy of the user                         
                 and hydrofoil between levels above and below neutral buoyancy, the                                    
                 controller releasing the at least one gas into the ambient water to decrease                          
                 the overall buoyancy.                                                                                 
                        The Examiner relies upon the following references as evidence of                               
                 obviousness:                                                                                          
                 Schuler   US 3,898,705  Aug. 12, 1975                                                                 
                 McLane   US 3,947,906  Apr. 6, 1976                                                                   
                        Appellant's claimed invention is directed to a method of underwater                            
                 propulsion of an individual using a buoyancy compensator that comprises a                             
                 controller, a tank containing at least one gas, and an expander.  The tank is                         
                 operably connected to deliver the gas to the expander to alter the overall                            
                 buoyancy of the individual in the water.  Gas is released to the ambient                              
                 water to decrease the overall buoyancy.                                                               
                        Appealed claims 1-30 stand rejected under 35 U.S.C. § 103(a) as                                
                 being unpatentable over McLane in view of Schuler.                                                    
                        Appellant has not set forth separate arguments for any particular claim                        
                 on appeal.  Accordingly, all of the appealed claims stand or fall together                            
                 with claim 1.                                                                                         

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