Ex Parte MCCALL et al - Page 8




                    Appeal No. 2002-0767                                                                                                                                  
                    Application No. 09/382,381                                                                                                                            


                    GPS receiver itself, which typically includes a computer                                                                                              
                    processor designed to support such flight control computations.                                                                                       
                    As indicated on page 2 of the specification, the GPS receiver                                                                                         
                    would typically be integrated with the A/Ps or flight control                                                                                         
                    computers (FCCs) of the aircraft, which systems, along with the                                                                                       
                    control surfaces and engines of the aircraft, constitute means                                                                                        
                    for controlling the aircraft in response to the deviation                                                                                             
                    signals.                                                                                                                                              


                    With regard to the other make and/or use issues raised by                                                                                             
                    the examiner in the answer, we share appellants' views as                                                                                             
                    expressed on pages 7 through 10 of the brief, noting that the                                                                                         
                    application need not teach, and preferably omits, what is well                                                                                        
                    known in the art.                                                                                                                                     


                    Thus, after a careful consideration of appellants'                                                                                                    
                    disclosure and of the arguments on both sides, it is our opinion                                                                                      
                    that the level of skill in this art is sufficiently high that the                                                                                     
                    ordinarily skilled artisan would have been able to make and use                                                                                       
                    appellants' claimed invention as set forth in the claims before                                                                                       
                    us on appeal, based on appellants' disclosure, without the                                                                                            
                    exercise of undue experimentation.                                                                                                                    

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