Ex parte BERLIOZ et al. - Page 3




              Appeal No. 2000-0230                                                                                          
              Application No. 08/761,671                                                                                    

                             said display means further comprises means for displaying an                                   
                     artificial horizon and an altimeter on the display screen, the pointer being                           
                     disposed between the artificial horizon and the altimeter and pointing                                 
                     towards the altimeter.                                                                                 
                     The examiner relies on the following reference:                                                        
                     Konicke et al. [Konicke]             4,860,007             Aug. 22, 1989                               
                     Claims 1-4 and 6 stand rejected under 35 U.S.C. § 103 as unpatentable over                             
              Konicke.                                                                                                      
                     Reference is made to the briefs and answer for the respective positions of                             
              appellants and the examiner.                                                                                  
                                                   OPINION                                                                  
                     The examiner contends that Konicke teaches the claimed invention but for                               
              specifically stating that altitude and vertical speed are found by first and second sensors,                  
              or that the vertical speed pointer is disposed between the artificial horizon and the                         
              altimeter, it instead being shown on the right hand side of the artificial horizon and altimeter              
              in Konicke.                                                                                                   
                     Appellants counter that the placement of the pointer, as defined in the instant                        
              claims, “offers an advantage over the subject matter of Konicke” [principal brief-page 4] in                  
              terms of assisting the pilot with the control over the flight of an aircraft such as a helicopter             
              and that this advantage “flows from the readability associated with the logical eye                           
              movements of the pilot.  The pointer rotates in a logical and appropriate manner                              


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