Ex Parte Carl et al - Page 2




              Appeal No. 2004-0323                                                                 Page 2                
              Application No. 09/716,045                                                                                 


                                                    BACKGROUND                                                           
                     The appellants' invention relates, in a general sense, to a device for creating a                   
              vertically disposed air current capable of suspending one or more humans within the                        
              current, but, more importantly, a multi-faceted system for both the training and                           
              entertainment of members of the public who wish to experience the exhilaration of free                     
              fall flight in any one of several selected simulated environments, including, but not                      
              limited to, the capacity to play games in a state of free flight suspended animation                       
              (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to                  
              the appellants' brief.                                                                                     


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Methfessel et al. (Methfessel)            5,593,352                    Jan. 14, 1997                       
              Kitchen et al. (Kitchen)                  5,655,909                    Aug. 12, 1997                       
              Lenhart                                   6,042,490                    Mar. 28, 2000                       
              Larsen et al. (Larsen)                    6,378,361                    Apr. 30, 2002                       
              Louttit                            GB 2 062 557 A                      May 28, 1981                        


                     Claims 1 to 4 and 6 to 13 stand rejected under 35 U.S.C. § 112, first paragraph,                    
              as containing subject matter which was not described in the specification in such a way                    
              as to enable one skilled in the art to which it pertains, or with which it is most nearly                  
              connected, to make and/or use the invention.                                                               







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