Ex Parte Nelson - Page 11




               Appeal No. 2003-0622                                                                     Page 11                  
               Application No. 09/974,545                                                                                        


               Kirsch, which was cited for teaching receiving the hijacking signal from a remote                                 
               guidance facility.                                                                                                
                                               REMAND TO THE EXAMINER                                                            
                      The Kirsch and RQ-1 references were obtained from the internet.  It would                                  
               appear, especially from Kirsch, that over the past two decades, during which time                                 
               aircraft hijacking has become more common, the internet has become a repository for                               
               information on systems for preventing the hijacking of aircraft. This application therefore                       
               is remanded to the examiner for consideration of searching the internet for additional                            
               prior art applicable to the subject matter recited in the appellant’s claims.  In this regard,                    
               we also direct the examiner’s attention to the “SAFE mode” discussion found in Kirsch,                            
               at pages 5 and 6.                                                                                                 
                                                          SUMMARY                                                                
                      None of the rejections are sustained.                                                                      
                      The decision of the examiner is reversed.                                                                  
                      This application is remanded to the examiner for action consistent with the                                
               comments made immediately above.                                                                                  


                                  REVERSED AND REMANDED TO THE EXAMINER                                                          


                                     NEAL E. ABRAMS                                )                                             
                                     Administrative Patent Judge                   )                                             







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