Appeal No. 2003-0622 Page 6
Application No. 09/974,545
activates these three devices [the rudder bar, control column, and the air brake], which
are provided for this purpose with dual controls of the type found in aviation schools”
(translation, page 2), and that this robotic action “transfers the possibility of
maneuvering and, thus, the control of the flight to the control tower, thereby eliminating
the pilot” (translation, page 3). Borthayre ‘842 states in his claim 1 that the method
“transfers the work of the pilot to the control tower from which the plane departed, and
which can now return the plane to the departing base by means of radio controls”
(translation, page 5). Borthayre ‘842 does not disclose that the aircraft is equipped with
an autopilot. However, if the aircraft were equipped with an autopilot system, it is our
view that it would be reasonable to assume from the above-cited teachings of the
reference that the control tower takes “complete and exclusive control” of the controls of
the aircraft and that the autopilot also would be deactivated at least to the extent that it
cannot be operated by the pilot.
The appellant’s claim 1 requires that there be a module aboard the aircraft
and that “the module” (emphasis added), in response to sensing a predetermined
override input, performs the following three operations:
(1) Deactivates on-board control of predetermined aircraft flight systems.
(2) Deactivates on-board control of the autopilot system.
(3) Directs the autopilot system to fly the aircraft to a landing.
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