Ex Parte Carl et al - Page 22




              Appeal No. 2004-0323                                                               Page 22                 
              Application No. 09/716,045                                                                                 


                     placement of this type would be appropriate. In such a configuration, it will be                    
                     readily apparent that suitable ducting, and possibly directional louvers, may be                    
                     provided to direct the air stream driven by the fan into the air containment unit.                  
              Due to the size of the air containment unit necessary to provide a user or a plurality of                  
              users with sufficient space to move around during a simulated free fall, Methfessel                        
              asserts (column 7, lines 45-65) that it would not be practicable to provide, on a mobile,                  
              transportable skydiving simulator apparatus, a permanent vertical duct.  Instead, the air                  
              containment unit 100 will be collapsible. The preferred embodiment of Figure 1 depicts                     
              the air containment unit 100 as being an inflatable, annular containment tube 104 that,                    
              when inflated, defines an inner chamber 106 into which the upwardly flowing air from                       
              the fan will be channeled such that a person or persons within the inner chamber will be                   
              subjected to an airflow of a velocity approximating, and alternatively slightly exceeding                  
              and slightly less than, the terminal free fall velocity of that person or those persons.  An               
              alternative air containment unit 400 is depicted in Figure 4.  The air containment unit                    
              400 is not a pliant, inflatable polymer tube 104, but is instead constructed of a plurality                
              of rigid telescoping plastic panels 402 that are designed to be quickly assembled into an                  
              air containment tube 404 at successive locations, and later disassembled for transport.                    


                    Based on our analysis and review of Methfessel and claim 1, it is our opinion that                  
              the only difference is the limitation that "said column of air moves in laminar flow in at                 
              least an upstream portion of said column of air."                                                          








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