Appeal No. 2002-0187
Application No. 09/100,792
A review of the record does not reveal where in the record
the examiner found the reasoning for combining the teachings of
McManus and Noser. The factual question of motivation should be
resolved based on evidence of record, and not on the subjective
belief and unknown authority expressed by the examiner. In re
Lee, 277 F.3d 1338, 1343-44, 61 USPQ2d 1430, 1434 (Fed. Cir.
2002). Thus, the obviousness rejection of claims 1 through 9,
11 through 25 and 27 through 36 is reversed because of
appellant’s arguments supra and the argument (reply brief, page
3) that “it would not have been obvious to one skilled in the
relevant art to have applied the autonomous actor and obstacle
avoidance teachings of Noser et al. to an air combat simulator
that uses separate situation assessment knowledge sources, with
relative geometry data and other aircraft state data, to
periodically determine a tactical condition relating to target
aircraft as taught by McManus.”
The obviousness rejection of claims 10 and 26 is reversed
because the teachings of Trias fail to cure the noted
shortcomings in the teachings of McManus and Noser.
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