Ex parte BERLIOZ et al. - Page 4




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

              about the point of                                                                                            
              intersection” [principal brief-page 4].  Thus, in appellants’  view, it would not have been                   
              obvious to place the vertical speed pointer between the artificial horizon and the altimeter.                 
                     Appellants offer no argument regarding the obviousness of providing first and                          
              second sensors for detecting altitude and vertical speed.  Accordingly, there is no dispute                   
              on this issue.                                                                                                
                     Thus, we focus on the obviousness of disposing the vertical speed pointer between                      
              the artificial horizon and the altimeter.                                                                     
                     We agree with appellants that the instant claimed subject matter would have been                       
              unobvious over the applied reference.  The specification is very specific, at page 9, as to                   
              the advantages achieved by placing the vertical speed pointer between the artificial                          
              horizon and the altimeter:                                                                                    
                             …the vertical speed pointer 11 is between the artificial horizon 15 and                        
                             the altimeter 7, 10, pointing towards the latter, of course.  This position                    
                             of the pointer 11 is in fact fundamental to assisting with control of the                      
                             flight of the aircraft.  In particular when the latter is a helicopter, for reasons of         
                             readability associated with the logical eye movements of the pilot.  The                       
                             pointer rotates in a logical and appropriate manner about the center  of the                   
                             instrument panel screen.                                                                       
                                    The use of the indicator therefore becomes second nature, because                       
                             of a knock-on effect.                                                                          
              The specification then continues on to explain the “knock-on effect:                                          
                             -the pilot essentially controls the trim of the helicopter…to adapt it to an                   
                             optimal  vertical speed…and monitors the trim using the artificial horizon 15                  
                             (in the center in the figure 5),                                                               

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