Ex parte ERDOL et al. - Page 5




               Appeal No. 1998-2379                                                                      
               Application No. 08/315,942                                                                


                     The Martin reference is directed to “a radar system                                 
               in which a solid-state, long radar pulse transmitter is                                   
               used with a short coded pulse radar processor and, more                                   
               particularly, to a system in which a long pulse                                           
               compression filter is provided in the receiver to convert                                 
               the long pulse into the short pulse expected by the                                       
               signal processor allowing retrofit of existing radar                                      
               systems with the more reliable solid-state transmitters                                   
               or to the design of a system in which hard limiting                                       
               constant false alarm rate processing is desired” (column                                  
               1, lines 10 to 19).  It is the examiner’s position that                                   
               Martin teaches use of a basic radar surveillance system                                   
               (answer, page 4).  The examiner further states that,                                      
               “[t]his basic radar system is generally applicable to the                                 
               claims and to any basic radar (or other) surveillance                                     
               system, including that of Andrews” (answer, page 4).                                      
               Andrews discloses an electronic article surveillance                                      
               device (e.g., used by retailers as a security tag to                                      
               discourage theft) that may be rendered inoperative via                                    
               several techniques (column 1, lines 7 to 17).  For                                        
               example, the Andrews’ device can be deactivated by a                                      
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