Ex parte JONES - Page 3




                Appeal No. 97-1114                                                                                 Page 3                     
                Application No. 08/222,643                                                                                                    


                                                              BACKGROUND                                                                      
                         The appellant's invention relates to a vertical takeoff and                                                          
                landing mass transit system.  A copy of claims 6 through 15 and                                                               
                17 appear in the appendix to the appellant's brief.                                                                           


                         The prior art references of record relied upon by the                                                                
                examiner as evidence of anticipation under 35 U.S.C. § 102(b) and                                                             
                obviousness under 35 U.S.C. § 103 are:                                                                                        
                Callison                                  1,818,841                                 Aug. 11, 1931                             
                Roth                                      1,921,043                                 Aug.  8, 1933                             

                         Additional references of record relied on by this Board                                                              
                are:2                                                                                                                         
                Gilbert                                   3,605,935                                 Sep. 20, 1971                             
                Kappus                                    3,618,875                                 Nov.  9, 1971                             



                         Claim 6 stands rejected under 35 U.S.C. § 102(b) as being                                                            
                anticipated by Roth.                                                                                                          


                         Claims 13, 14, 15 and 17 stand rejected under 35 U.S.C.                                                              
                § 103 as being unpatentable over Roth.                                                                                        


                         2These references were cited by the examiner in Paper No. 3                                                          
                and copies are of record in the application file.                                                                             







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