Ex Parte Lechner - Page 4




              Appeal No. 2005-2712                                                                                                                
              Application No. 10/408,302                                                                                                          


              aircraft platform and the different types of points along the mission route.  The examiner                                          
              has also determined that Tang discloses a flight simulation method and apparatus that                                               
              receives adjustments to predetermined criteria initially used to determine the area                                                 
              containing the mission route and resolution of regions in the area and subsequently                                                 
              uses the processing element to determine an area and resolution of regions within the                                               
              area based upon the adjusted criteria (col. 5, lines 13-27).                                                                        


              Appellant contends that Tang is directed to a system and method for generating a                                                    
              minimum-cost airline flight plan from a point of origin through a set of fixed points to a                                          
              destination point, and is not directed to flight simulation like that described in the present                                      
              application wherein the data input and the information determined by the processing                                                 
              element is used to generate a terrain model for display in a flight simulator during a                                              
              flight simulation used by a pilot to prepare in advance for a mission prior to actually                                             
              flying the mission.                                                                                                                 
              While we would agree with appellant that Tang does not address a flight simulation                                                  
              in the sense of a terrain model for display in a flight simulator used by a pilot to prepare                                        
              in advance for a mission prior to actually flying the mission, we also note that claims 32                                          
              through 39 on appeal are in no way limited to that particular form of “flight simulation.”                                          
              Using the terminology “flight simulation” in its broadest sense, wherein each of the flight                                         
              paths evaluated in Tang (before arriving at the optimal flight plan) represents a “flight                                           

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