Ex Parte MCCALL et al - Page 9




                    Appeal No. 2002-0767                                                                                                                                  
                    Application No. 09/382,381                                                                                                                            


                    For the above reasons, we will not sustain the examiner's                                                                                             
                    rejection of claims 1 through 8, 10 through 13, 19 and 20 under                                                                                       
                    35 U.S.C. § 112, first paragraph, as being based on a non-                                                                                            
                    enabling disclosure.                                                                                                                                  


                    We next look to the examiner's rejection of claims 1 through                                                                                          
                    8 and 10 through 20 under 35 U.S.C. § 102(e) as being anticipated                                                                                     
                    by Denninger.  In this instance, we are in full agreement with                                                                                        
                    appellants' arguments as set forth on pages 11 through 14 of the                                                                                      
                    brief.  While it is true that Denninger is concerned with                                                                                             
                    providing a radar altimeter augmented GPS aircraft navigation                                                                                         
                    system that uses the AGL (above ground level) altitude                                                                                                
                    information from the radar altimeter to provide more accurate                                                                                         
                    navigation information to the pilot during the approach and                                                                                           
                    landing phases, and thus provides an added degree of redundancy                                                                                       
                    and an additional source of navigational information for use in                                                                                       
                    conjunction with other pre-existing aircraft navigation                                                                                               
                    instruments (e.g., inertial, ILS, TACAN, etc.) which permits the                                                                                      
                    aircraft to execute precision approaches and landings, we find                                                                                        
                    nothing in Denninger which recognizes or addresses the specific                                                                                       
                    antenna spacing problem confronted and solved by appellants.                                                                                          


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