Ex Parte Alway et al - Page 10

                  Appeal No. 2004-1796                                                                                      Page 10                       
                  Application No. 09/682,167                                                                                                              


                  and 5 would be contra to the objectives of the invention disclosed in the reference                                                     
                  because it would cause the rocket flight to be aborted rather than the rocket to be                                                     
                  steered to another course.                                                                                                              
                           This rejection of claims 1-14 is not sustained.                                                                                











                                                                  CONCLUSION                                                                              
                           None of the standing rejections is sustained.                                                                                  
                           The decision of the examiner is reversed.                                                                                      





                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
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                                                                                                   ) BOARD OF PATENT                                      
                                             JOHN P. McQUADE                                       )     APPEALS AND                                      
                                             Administrative Patent Judge                           )   INTERFERENCES                                      







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