Ex parte JONES - Page 9




          Appeal No. 97-1114                                         Page 9           
          Application No. 08/222,643                                                  


          examiner's rejection of claim 17 under 35 U.S.C. § 103 cannot be            
          sustained.                                                                  


          35 U.S.C. § 103 rejection of claims 7 through 12                            
               We do not sustain the rejection of claims 7 through 12 under           
          35 U.S.C. § 103 as being unpatentable over Roth in view of                  
          Callison.                                                                   


               With respect to claims 7 through 12, each of which depends             
          directly or indirectly from independent claim 6, the examiner               
          determined (answer, p. 5) that                                              
               [i]t would have been obvious to one of ordinary skill in the           
               art at the time of the invention was made to provide the               
               aircraft of Roth with pod and landing field elevators as               
               taught by Callison since it would make for more efficient              
               handling of passengers and freight at the airport.                     


               Once again, even if Roth was modified as set forth above by            
          the examiner, the modified device of Roth would still lack the              
          elements, noted supra with respect to parent claim 6.                       
          Accordingly, the examiner's rejection of claims 7 through 12                
          under 35 U.S.C. § 103 cannot be sustained.                                  


          New grounds of rejection                                                    







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