Ex Parte Lisa et al - Page 3



             Appeal 2007-0814                                                                                  
             Application 10/243,417                                                                            
                          (c)  wherein the cables of each cable group form a pattern that will                 
                   disruptively intercept any substantially horizontal flight path of an aircraft              
                   toward the exposed portion of the facility.                                                 

                                             THE REJECTIONS                                                    
                   The Examiner relies upon the following as evidence of unpatentability:                      
                    Schultz                   US 2,465,936               Mar. 29, 1949                         
                    Crisp, Sr.                US 4,979,817               Dec. 25, 1990                         


                   The following rejections are before us for review.                                          
                1. Claims 1, 3-5, 10-12, and 14-16 stand rejected under 35 U.S.C. §102(b) as                   
                   anticipated by Schultz (Answer 3).                                                          
                2. Claims 1, 5-7, 10, and 16 stand rejected under 35 U.S.C. §102(b) as                         
                   anticipated by Crisp (Answer 3-4).                                                          
                3. Claims 2 and 13 stand rejected under 35 U.S.C. §103(a) as unpatentable over                 
                   Schultz (Answer 4 and 6).                                                                   
                4. Claim 6 stands rejected under 35 U.S.C. §103(a) as unpatentable over                        
                   Schultz in view of Crisp (Answer 5).                                                        
                5. Claims 8 and 9 stand rejected under 35 U.S.C. §103(a) as unpatentable over                  
                   Crisp (Answer 5-6).                                                                         

                                                   ISSUES                                                      
                   Appellants contend that the Examiner erred in rejecting the claims as                       
             anticipated by or obvious in view of Schultz, because Schultz fails to disclose or                
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