Ex Parte Schultz et al - Page 2




          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  

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