Ex Parte WAKAYAMA - Page 5




          Appeal No. 2000-0408                                                        
          Application No. 08/917,480                                 Page 5           


          The wing panel includes elevons 4, rudders 5 for producing                  
          unilateral drag at the wing tips and landing flaps 6.                       


               We agree with the appellant (see Brief, pp. 6-8) that the              
          subject matter of claims 1-20 is not anticipated by Ashkenas.  In           
          that regard, Ashkenas does not disclose every limitation of the             
          claimed invention, either explicitly or inherently.                         
          Specifically, Ashkenas does not disclose the "control surface               
          reconfiguration system" as recited in claims 1-10, the                      
          "reconfiguration means" as recited in claims 11-18, or the                  
          "reconfiguring" step as recited in claims 19 and 20 since                   
          Ashkenas does not specifically teach or disclose that his control           
          surfaces (i.e., the elevons 4, the rudders 5 and the landing                
          flaps 6) are selectively reconfigurable to a plurality of                   
          predetermined positions as required to optimize the spanwise                
          force distribution across the wing for each of a plurality of               
          different flight configurations.  The examiner's reliance (see              
          Answer, pp. 3-4) on the basic elements of flight and/or the                 
          knowledge of one skilled in the art is misplaced in this instance           
          since the rejection is under 35 U.S.C. § 102, not under 35 U.S.C.           
          § 103.                                                                      









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