Ex Parte Lechner - Page 3




              Appeal No. 2005-2712                                                                                                                
              Application No. 10/408,302                                                                                                          


                                                        OPINION                                                                                   
              In reaching our decision in this appeal, we have given careful consideration to                                                     
              appellant’s specification and claims,                                                                                               
              to the applied prior art Tang patent, and to the respective positions articulated by                                                
              appellant and the examiner.  As a consequence of our review, we have made the                                                       
              determination that the examiner’s rejection under 35 U.S.C. § 102(e) will be sustained.                                             
              Our reasons for that determination follow.                                                                                          


              In the examiner’s view (final rejection, pages 2-3) Tang discloses a flight simulation                                              
              method and apparatus like that broadly set forth in the claims on appeal.  More                                                     
              specifically, the examiner has determined that Tang discloses a flight simulation method                                            
              and apparatus with an input for receiving data at least partially defining a mission route                                          
              (col. 4, lines 30-40), and a processing element that automatically determines an area                                               
              containing the mission route for which terrain data is required, automatically divides the                                          
              area into a plurality of regions based upon the mission route, and determines a                                                     
              respective resolution of the terrain source data for each region (col. 21, lines 35-49). In                                         
              addition, the examiner has found that Tang discloses a flight simulation method and                                                 
              apparatus that receives data defining an aircraft platform and data regarding different                                             
              types of points along the mission route, and uses the processing element to determine                                               
              the area and resolution of regions within the area based at least partially upon the                                                

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