Appeal No. 97-1114 Page 8 Application No. 08/222,643 35 U.S.C. § 103 rejection of claim 17 We do not sustain the rejection of claim 17 under 35 U.S.C. § 103 as being unpatentable over Roth. Claim 17 recites an urban-suburban mass transit method comprising, inter alia, (1) loading passengers onto a first craft at one terminal, (2) flying the first craft to another terminal, (3) contemporaneously loading passengers onto a second craft at a terminal, (4) flying the second craft to another terminal, (5) contemporaneously loading passengers onto a third craft at a terminal, and (6) flying the third craft to another terminal. With respect to independent method claim 17, the examiner made the same determination as set forth above with respect to claims 13, 14 and 15. In our opinion, the device of Roth as modified as set forth by the examiner would still lack several of the steps recited in claim 17. In that regard, we agree with the appellant's argument (brief, p. 23) that the applied prior art would not have suggested the contemporaneously loading passengers onto three different crafts as recited in claim 17. Accordingly, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007