Appeal No. 2005-2038 Application No. 09/957,416 Representative claim 1 is reproduced below: 1. A method of determining a route between an origin and a destination comprising: beginning at the origin, determining multiple feasible segments from the origin to a node at the end of each feasible segment; varying an altitude as a function of three dimensional representations of hazard areas; iteratively determining further segments from the nodes to create multiple segment paths between the origin and the destination; and determining a segment path between the origin and destination having the least cost. The following references are relied on by the examiner: Myers 6,085,147 July 14, 2000 Deker 6,161,063 Dec. 12, 2000 Claim 26 stands rejected under 35 U.S.C. § 102(e) as being anticipated by Deker. All claims on appeal, claims 1 through 26 stand rejected under 35 U.S.C. § 103.1 As evidence of obviousness, the 1 In the grounds of rejection portion at the top of page 3 of the answer, the examiner indicates that claims 1 through 26 stand rejected under 35 U.S.C. § 103. In relying upon the statement of the rejection set forth in Paper No. 5, which is the Final Rejection mailed on January 24, 2003, page 4 of this rejection also lists claims 1 through 26 as being rejected under -2-Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007