Ex parte HERMACH - Page 11




          Appeal No. 96-2477                                                          
          Application 08/345,292                                                      


          compartment 54 of Hall is located forward of the wings in the               
          forward portion of the flight component.  It is not apparent to             
          us, and the examiner has not explained, how Hall’s fuel                     
          compartment location forward of the wings discloses or suggests             
          the centered fore-and-aft fuel compartment locations called for             
          in claims 4 and 17.  In addition, Henrichsen and Sanders are not            
          relevant to claims 4 and 17 in that they are silent as to the               
          location of any fuel compartment.  In light of the above, we                
          cannot sustain the examiner’s § 103 rejection of claims 4 and 17,           
          or claim 5 which depends from claim 4.                                      
               We also will not sustain the examiner’s rejection of claim             
          12, which depends from claim 7 and further requires that the                
          fuselage is boat like and that outboard stabilization means                 
          depend from the wing means and flanks of the fuselage.  In                  
          rejecting this claim, the examiner has taken the position that it           
          is known in the art to provide wing pontoons to adapt an aircraft           
          to water landing, and that, accordingly, it would have been                 
          obvious to provide Hall with pontoons.  Even if it is assumed               
          that it is known generally to provide wing pontoons on an                   
          aircraft to adapt it to water landing, the issue here is whether            
          it would have been obvious to provide Hall’s components A and B             
          with stabilization means for water operation.  Here, Hall’s                 

                                          11                                          





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007