Ex parte NATHMAN et al. - Page 12




                 Appeal No. 1997-1577                                                                                    Page 12                        
                 Application No. 07/941,466                                                                                                             


                 flight and mission training was performed either without                                                                               
                 navigational charts, or with real world charts which were used                                                                         
                 even though the database corresponding to the real-world                                                                               
                 environment had been modified for customized flight training                                                                           
                 scenarios.  In the opinion of Declarant J. Cary Quinn,                                                                                 
                 negative training resulted from using navigational charts                                                                              
                 which did not correspond with the simulated non-real-world                                                                             
                 environment.  The Declaration of J. Cary Quinn additionally                                                                            
                 states  (page 4) that2                                                                                                                           
                          I wish to stress the point that, in the highly                                                                                
                          competitive industry, for a period of about                                                                                   
                          fifteen (15) years although the need was evident,                                                                             
                          the industry failed to develop a process for                                                                                  
                          producing hard copy database correlatable                                                                                     
                          navigational charts from a non-real-world visual                                                                              
                          database as claimed.                                                                                                          
                          The question in our mind, after reading the Declarations                                                                      
                 is:  why couldn’t one of ordinary skill in the art have                                                                                
                 generated a hard copy of a navigational chart correlated to                                                                            
                 the non-real-world visual database?  We have reviewed the                                                                              
                 Declarations and find no answer to this question.                                                                                      



                          2A similar statement is made by Declarant Joseph A.                                                                           
                 Petrazio for a period spanning six (6) years.                                                                                          







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