Appeal No. 2000-0230
Application No. 08/761,671
tantamount to a declaration of obviousness based on a design choice. However, this
reasoning is not persuasive in view of the criticality of the positioning of the vertical speed
pointer for the reasons particularly pointed out by appellants in the instant specification,
noted supra. Only appellants, and not the applied prior art, teach the placement of the
vertical speed pointer as claimed.
Accordingly, the examiner’s decision rejecting claims 1-4 and 6 under 35 U.S.C. §
103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOSEPH L. DIXON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
HOWARD B. BLANKENSHIP )
Administrative Patent Judge )
eak/vsh
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