Ex parte NELLA et al. - Page 7




          Appeal No. 1998-2753                                                        
          Application No. 08/740,887                                                  

          used in “earth monitoring satellites” (column 1, lines 24-25),              
          such as oceanography, mapping and mineral exploration, for                  
          example (column 1, lines 51-54).  The only uses suggested in                
          the Lurie reference are in space borne cameras that monitor                 
          environmental and agricultural situations (page 44).  Thus,                 
          the “targets” to which the examiner refers in the Answer as                 
          being tracked by the hyperspectral systems of the three                     
          secondary references are not the types of targets that are                  
          defined in the appellants’ specification as being the focus of              
          missile systems.  Second, the claims before us on appeal all                
          require that the system detect, track, and guide a missile                  
          based upon the “predetermined hyperspectral signature of a                  
          target of interest” which, as we understand the teachings of                
          the applied references, is not the manner in which these                    
          systems operate.  Third, none of the applied references                     
          recognize the problems to which the appellants’ invention are               
          directed, namely, providing a target tracking system for                    
          missiles that provides a high degree of recognition and is                  
          immune to countermeasures.                                                  
               We therefore fail to perceive any teaching, suggestion or              
          incentive in the applied references which would have led one                

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