Ex parte VESEL - Page 3




          Appeal No. 95-2980                                                          
          Application 08/048,343                                                      


          8 to 11, 14 and 16 to 18, with the addition of Ybarra as to                 
          claims 6, 12 and 19.                                                        
               Rather than repeat the positions of the appellant and the              
          examiner, reference is made to the brief and the answer for                 
          the respective details thereof.                                             
                                       OPINION                                        
               We reverse both rejections under 35 U.S.C. § 103.                      
               The subject matter of each independent claim 1, 9 and 14               
          on appeal in part relates directly to the logic set forth in                
          the flow diagram of Fig. 2 beginning at element 17 and the                  
          enablement of a suppression means associated with the Traffic               
          Alert and Collision Avoidance System (TCAS) disclosed.  The                 
          steps further include the interrogation only of the plane’s                 
          own transponder (except for claim 1) and further logical                    
          decisions once a reply is received after the interrogation is               
          sent to analyze whether this enable suppression means                       
          functions properly or does not function at all.                             
               The examiner considers Stelling to teach self testing of               
          TCAS systems generally to determine if they are performing                  
          appropriately.  The examiner recognizes, however, that                      
          Stelling does not show testing of the suppression signal means              
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