Ex parte LAFFERTY - Page 4




          Appeal No. 97-3144                                                          
          Application No. 08/372,390                                                  

               skill in the art at the time the invention was made                    
               to substitute the retractable wings of Gibson for                      
               that of Pedrick since it is providing collapsible                      
               fuel tanks and outboard engines that provides a more                   
               efficient lifting surface. [Answer, pages 4-5]                         
               With regard to claim 19, the examiner concludes in                     
          substance that the teachings of Oliver would have made it                   
          obvious to make the lengths of Pedrick’s side fuselages                     
          shorter than the length of Pedrick’s central fuselage for the               
          reason stated on page 5 of the answer.  With regard to claim                
          4, the examiner concludes that the teachings of Harrington                  
          “would have been obvious . . . to provide the aircraft of                   
          Pedrick with fuel tanks in recesses . . .” (answer, page 5).                
               Appellant does not take issue with the examiner’s                      
          conclusion of obviousness regarding the provision of                        
          interconnecting passages between the fuselages, perhaps for                 
          the reason that Pedrick discloses the removal of inner                      
          fuselage walls to thereby provide interconnecting passages                  
          between the fuselages.  See page 3, lines 3-9, of the Pedrick               
          specification.  Given this disclosure, the limitation                       
          pertaining to the passages is met by Pedrick, making it                     
          unnecessary to conclude that it would have been obvious to                  
          provide Pedrick’s aircraft with such passages.                              

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