Ex Parte Lasky - Page 6



                    Appeal No. 2003-0209                                                                                                                                  
                    Application No. 394,390                                                                                                                               

                    equivalent of that which is set forth in appellants'                                                                                                  
                    specification and claims.                                                                                                                             

                    The azimuth control system of the towed vehicle (10) of                                                                                               
                    Anderson is used to position the towed vehicle beneath and behind                                                                                     
                    a self-propelled towing vehicle by means of a tow line in such a                                                                                      
                    manner that variations in the azimuth heading of the towing                                                                                           
                    vehicle will cause the towed vehicle (10) to follow substantially                                                                                     
                    directly astern of the towing vehicle.  The control system of                                                                                         
                    Anderson is not capable of positioning a hydrophone array                                                                                             
                    substantially parallel to the axis of a submarine "at any radial                                                                                      
                    position of the vehicle [towed vehicle] about the submarine," as                                                                                      
                    required in claim 11 on appeal.                                                                                                                       

                    Since we have determined that the teachings and suggestions                                                                                           
                    which would have been fairly derived from Anderson would not have                                                                                     
                    anticipated the subject matter of claim 11, or have made the                                                                                          
                    subject matter of claim 11 obvious to one of ordinary skill in                                                                                        
                    the art at the time of appellants' invention, we must refuse to                                                                                       
                    sustain the examiner's rejection of that claim.                                                                                                       



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