Ex Parte ACHACHE - Page 5




          Appeal No. 2003-0552                                                        
          Application 09/190,318                                                      


               prior art that is admitted to because such modification                
               would provide some type of input that would be necessary for           
               the control computer to provide load feel back to the pilot.           

          With particular regard to dependent claims 19, 23, 27 and 31                
          on appeal, the examiner further recognizes that the APA does not            
          disclose a sensor which measures “relative movement” of a control           
          (3) intended to be subject to the action of a pilot with respect            
          to the position of a trim means (13) acting on the control.  In             
          this instance, the examiner is of the view that Fernandez teaches           
          a sensor which measures relative movement of a control intended             
          to be subject to the action of a pilot with respect to the                  
          position of a trim means “in figure 6” and that it would have               
          been obvious to one of ordinary skill in the art at the time of             
          appellant’s invention to use the teachings of Fernandez in the              
          APA “because such modification would provide an aircraft control            
          with better load feel as stated in Fernandez” (final rejection,             
          page 4).                                                                    


          Additional insight into the examiner’s position regarding                   
          the obviousness rejection of claims 19, 23, 27 and 31 is found in           
          the examiner’s answer (pages 3-4), wherein the examiner more                
          clearly makes note that it is the position sensor (26) of                   

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