Appeal No. 97-1114 Page 16
Application No. 08/222,643
corresponding reduction of highway congestion, air
pollution, and parking problems.
With regard to claims 8 through 10, it is our opinion that
it would have been obvious to one of ordinary skill in the art at
the time of the appellant's invention to have modified Kappus'
VTOL aircraft to include a detachable and replaceable passenger-
or cargo-carrying pod as suggested and taught by Gilbert to
efficiently transport passengers or cargo.
With regard to claims 11 and 12, it is our opinion that it
would have been further obvious to one of ordinary skill in the
art at the time of the appellant's invention to have used the pod
to transport either medical or military passengers or cargo.
SECONDARY CONSIDERATIONS
Having arrived at the conclusion that the teachings of the
newly applied prior art are sufficient to establish a prima facie
case of obviousness, we recognize that the evidence of
nonobviousness submitted by the appellant must be considered en
route to a determination of obviousness/nonobviousness under
35 U.S.C. § 103. See Stratoflex Inc. v. Aeroquip Corp., 713 F.2d
1530, 218 USPQ 871 (Fed. Cir. 1983). Accordingly, we consider
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