Ex parte BANKS et al. - Page 8




          Appeal No. 95-4237                                                          
          Application 07/887,002                                                      


          the nose portion is directed by directional valves 22a, 22b                 
          either (1) along the length of the fuselage until it exits                  
          through tail portion 17, or (2) to channels in the wings 20                 
          and then to the jet engine compressors 21.  Depending on the                
          cross-section of the nose surface, an air pump or similar                   
          device may be utilized in the plenum (column 3, lines 12-18).               
          In Figure 9, Eknes discloses an alternative embodiment wherein              
          the plenum chamber does not extend beyond the nose, and                     
          wherein exit apertures 13a are provided on the fuselage skin                
          15 substantially to the rear of the intake apertures 13 such                
          that fluid flow exists out of the plenum.  In this alternative              
          embodiment, “the continuous passageways along the length of                 
          the fuselage 12 are eliminated, but a substantial degree of                 
          venting of the surface area of the nose 11 remains” (column 5,              
          lines 39-42).                                                               
               Turning to the examiner’s rejections, we appreciate the                
          point the examiner is trying to make with respect to the                    
          theoretical possibility of fluid flow into and out of the                   
          holes 3 of Anxionnaz’s device, the porous skin of Miller, and               
          the holes 13 of Eknes’s device.  However, the examiner’s                    
          position that the reference structures would be capable of                  
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