Ex parte MARTIN - Page 4




          Appeal No. 97-1229                                                          
          Application 08/280,950                                                      

          result of this review, we have reached the conclusion that the              
          cited prior art does not establish a prima facie case of                    
          obviousness with respect to the claims on appeal.  Therefore the            
          rejection of these claims is reversed.                                      
                    It is our findings that Metcalf and Kern both provide             
          electronic means for detecting a fire in an aircraft.  Metcalf is           
          disclosed as being installed under the engine cowling or inside a           
          jet nacelle.  Kern is disclosed as being installed in a wing fuel           
          tank of a military aircraft.  Neither of these references provide           
          a teaching first of a visual means, and second of a purely                  
          optical means for fire detection.                                           
                    The patents to Miller and Bauerlein are not directed to           
          fire detection.  Miller shows a purely optical means of                     
          establishing whether the lights are on in a room without opening            
          the door.  Bauerlein is an optical means which indicates the                
          level of syrup in a soda fountain.  While both of these patents             
          are directed to purely optical indicating means, neither is                 
          related to fire detection and neither would have taught placing             
          the fire detection apparatus in an airplane engine cowling.                 
                    Given the findings of fact above, it is our conclusion            
          that the examiner's combination of references does not establish            
          a prima facie case of obviousness.  We have so concluded, not               


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