Ex Parte MCCALL et al - Page 11




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


                    coordinate system based on the relative phase differences of the                                                                                      
                    GPS signals received at the various antennas (407-410), and does                                                                                      
                    not, as the examiner urges, appear to perform any calculations or                                                                                     
                    determination with respect to a predetermined landing system                                                                                          
                    vector.  Moreover, as we noted above, there is no indication in                                                                                       
                    Denninger that the attitude solution computer utilizes "a vector                                                                                      
                    representative of a separation characteristic between said first                                                                                      
                    positioning system antenna and said first landing system antenna                                                                                      
                    location," as in claim 1 on appeal, to provide precise                                                                                                
                    computation of glideslope and localizer deviation signals.                                                                                            


                    As for the remaining claims subject to this ground of                                                                                                 
                    rejection, the examiner has simply not made out a prima facie                                                                                         
                    case of anticipation by clearly setting forth facts and an                                                                                            
                    explanation of exactly how the system of Denninger performs or                                                                                        
                    teaches a method as set forth in appellants' claim 14 on appeal,                                                                                      
                    or that Denninger's system includes an apparatus like that                                                                                            
                    defined in claim 18 on appeal.  The examiner's mere assertion                                                                                         
                    (answer, pages 8 and 9) that the attitude sensor (201) of                                                                                             
                    Denninger performs the method of appellants' claim 14 and that                                                                                        
                    this sensor also corresponds to the apparatus of claim 18 on                                                                                          
                    appeal does not come close to meeting the examiner's burden of                                                                                        

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