Ex Parte Wyrembek et al - Page 4

                Appeal  2007-1831                                                                            
                Application 10/313,052                                                                       

                                           FINDINGS OF FACT                                                  
                    1. The patent to Arnold is directed to structural components for the                     
                        fuselage skin of commercial aircraft.  The structural component is                   
                        comprised of aluminum honeycomb and several sheets of carbon                         
                        fiber with an aluminum or copper foil exterior.  This composite                      
                        structure is able to reduce lightning strike damage.  The examiner                   
                        has cited Arnold to show a conventional aircraft with wings and a                    
                        tail.                                                                                
                    2. Sigalla teaches an aircraft tail section with a drag inducing vertical                
                        tail fin to compensate for the tendency of the aircraft to pitch down                
                        into the “Mach tuck” effect.  The Examiner has cited Sigalla to show                 
                        an aircraft with conventional wings and a tail.                                      
                    3. Burnelli discloses a tailless airplane.  The tailless airplane or flying              
                        wing of Burnelli does not possess a conventional tail structure and                  
                        instead relies on vertical stabilizers 13 carried on the tips of the                 
                        wings.                                                                               
                    4. Burhans teaches a gull wing aircraft with a wing of inverted V-shape                  
                        but  lacking  the  conventional  empennage  or  tail  section  of  a                 
                        conventional  aircraft.    We  note  that  Burhans  has  fully  adequate             
                        directional stability and control while lacking the conventional tail.               
                        Burhans relies on ailerons 41-44 or 45-48 to provide control of                      
                        pitch, yaw and roll.                                                                 
                    5. Mitchell discloses an aircraft with conventional control surfaces and                 
                        auxiliary control surfaces placed adjacent the conventional control                  
                        surfaces  to  either  assist  or  replace  the  conventional  controlling            


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