Appeal No. 2006-1669 Page 4
Application No. 10/476,257
in this rejection separately from the other claims so included. In accordance with 37 CFR §
41.37(c)(1)(vii), we have selected claim 1 as the representative claim from the appellant's
grouping of claims to decide the appeal on this rejection. Claims 2-7, 11-15, 20, 21, 23, 25 and
26 shall stand or fall with representative claim 1 (see In re Young, 927 F.2d 588, 590, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991); In re Wood, 582 F.2d 638, 642, 199 USPQ 137, 140
(CCPA 1978)).
Allen describes an airplane having “a pair of wings 11 having at their outboard ends a
pair of foldable winglets 12 and 14” (col. 2, ll. 60-61). Allen teaches that
[t]he present invention relates generally to the concept of airplanes
having folding winglets, and more particularly, to winglet
assemblies which can be extended during cruise to increase span
and automatically/passively retracted to an upright position as
needed to reduce the wing bending moment and aircraft weight
when subjected to large loads at conditions such as dive [col. 1, ll.
4-10].
Allen discusses prior art fixed winglets and foldable wing tips and points out that it was
known in the prior art that having an aircraft’s winglets extend at an angle to the remaining
portion of the wing can affect the flight characteristic of the aircraft (col. 1, ll. 27-29) and that
commercial aircraft employing foldable wing tips were known in the prior art (col. 1, ll. 40-55).
Allen then goes on to explain that none of the discussed prior art employs a wing including a
foldable winglet that can be folded while the aircraft is in flight and that, as a result, none of the
discussed prior art can take advantage of the extended winglets during cruise and folded winglets
during severe load conditions (col. 1, ll. 56-60).
In light of the above discussion, it appears clear that Allen’s invention is directed to an
improvement to the fixed winglet arrangement wherein the inventive winglet is moveable during
flight. In accordance with Allen’s control system, whether it be a button depressed by the flight
crew or a load sensor 28 energizing the winglet actuator 24, the winglet assumes its retracted or
folded position when on the ground at airports where size restrictions require the winglets to be
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