Ex Parte Lisa et al - Page 2



             Appeal 2007-0814                                                                                  
             Application 10/243,417                                                                            
                                       STATEMENT OF THE CASE                                                   
                   Appellants seek our review under 35 U.S.C. § 134 of the Examiner’s final                    
             rejection of claims 1-16, all of the claims now pending the present application.1                 
             We have jurisdiction under 35 U.S.C. § 6(b) (2002).                                               

                                        SUMMARY OF DECISION                                                    
                   We AFFIRM-IN-PART.                                                                          

                                             THE INVENTION                                                     
                   Appellants' claimed invention relates to a passive aerial protection system.                
             More  specifically,  the  claimed  invention is  directed  to  a  defense  system  for            
             passively  protecting  a  facility  against  aerial  incursion  of  aircraft.    Claim  1,        
             reproduced below, is representative of the subject matter on appeal.                              

                          1.  A defense system to protect a facility against aerial incursion, the             
                   facility (i) extending above ground level, (ii) occupying an area of terrain,               
                   and (iii) having at least some portion exposed to a substantially horizontal                
                   flight path of an aircraft, the defense system comprising:                                  
                          (a)  a multitude of vertical support masts, each mast extending from                 
                   ground level to a height at least substantially equal to the exposed portion of             
                   the facility, the masts located along a perimeter at least partially surrounding            
                   the area of terrain that is occupied by the facility; and                                   
                          (b)  a plurality of cable groups that each include a multitude of cables,            
                   wherein for each group, a plurality of cables are coupled to and substantially              
                   coplanar with an adjacent pair of the support masts;                                        
                                                                                                              
             1 Claims 17-20 have been withdrawn from consideration pursuant to a restriction                   
             requirement.                                                                                      
                                                      2                                                        



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