Appeal No. 95-1866
Application 07/878,500
agrees that mounting Benn's flight data display system in an
aircraft is contrary to the primary purpose of accident analysis,
because a crash of the aircraft would destroy Benn's system. 2
However, he maintains this modification of the aircraft is not
contrary to the secondary management purposes, which he maintains
could be performed "at any location deemed desirable by an
ordinarily skilled artisan." Bearing in mind that a rejection3
may be based in part on the "common knowledge and common sense of
the person of ordinary skill in the art without any specific hint
or suggestion in a particular reference," In re Bozek, 416 F.2d
1385, 1390, 163 USPQ 545, 549 (CCPA 1969), we are of the opinion
that the artisan would have been motivated to mount Benn's flight
data system on an aircraft in order to permit maintenance
personnel to perform an on-board display (e.g., in the fast mode)
and review of various parameters that relate to aircraft
performance, such as engine pressure ratios, inlet turbine
speeds, exhaust gas temperature, and turbine RPMs (col. 13, lines
59-64). However, we agree with appellant that an aircraft
modified to include Benn's data display system will not have a
location detection means that is responsive to the sensor output
2Answer at 6.
3 Id. at 7.
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