Ex Parte MORRIS - Page 6



          Appeal No. 2004-0529                                                        
          Application No. 09/328,931                                                  

          set of rotatable blades would, in fact, be capable of sweeping              
          out a virtual disk shape having properties of a lifting body to             
          generate lift.3  Additionally, it is not clear whether the                  
          recitation of the virtual disk being "pushed translationally" in            
          claim 1 references the earlier recited "forward impetus" or                 
          "rapidly rotated."  Being virtual, it is not clear that the                 
          virtual disk shape can be "pushed translationally" through real             
          air to thereby generate real lift, as claimed; this recitation              
          being akin to the disclosure that the virtual disk "cuts rapidly"           
          through real, not virtual, air (specification, page 2).  Claim 1            
          also appears to be inaccurate and incomplete in not setting forth           

               3  It is uncertain as to the scope of virtual disk shapes              
          (swept out by a set of rotatable blades) having the properties of           
          a lifting body now claimed.  The specification offers symmetrical           
          and asymmetrical blade variations which are disclosed as                    
          functioning to sweep out a (virtual) lifting body.  For example,            
          Figs. 2 and 2a depict a blade symmetrically deformed downwardly             
          at distal ends that is indicated to sweep out a shape similar to            
          that of an inverted flying disk, with the similar aerodynamic               
          property of providing lift.  Fig. 13a reveals symmetrical rigid             
          blades that turn down slightly near distal end 116 and are                  
          disclosed as creating a lifting body that is "somewhat 'frisbee'            
          shaped" when spun rapidly.  In Fig. 13c, the symmetrical rigid              
          blades (not distal ends) are disclosed as having a rigid downward           
          camber.  On the other hand, appellant indicates that an                     
          asymmetrical blade, such as in Fig.3b, imparts an asymmetrical              
          camber to the shape of a lifting body.  The specification as a              
          whole, however, does not provide an adequate basis for                      
          understanding the scope of the claimed disk shapes having the               
          properties of a lifting body, as indicated above.                           
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