Ex Parte Wiedeman et al - Page 9



          Appeal No. 2006-0663                                   Page 9               
          Application No. 09/841,862                                                  
          Examiner (Answer, pages 14 and 15) in support of the asserted               
          position with no evidence or argument, aside from a generalized             
          statement of disagreement (Reply Brief, pages 8 and 9) with the             
          Examiner’s position, forthcoming from Appellants.                           
               We also sustain the Examiner’s 35 U.S.C. § 103(a) rejection            
          of claims 6, 7, 19, and 20 in which the Wiedeman reference is               
          added to the combination of Forslow and Roccanova to address the            
          “satellite ephemeris information” feature of these claims.  We              
          agree with the Examiner that the ordinarily skilled artisan would           
          have been motivated and found it obvious to utilize stored                  
          satellite ephemeris information in the system of Forslow as                 
          modified by the satellite communication disclosure of Roccanova             
          to establish an optimum path through a satellite constellation as           
          taught by Wiedeman.  Although Appellants contend (Brief, 13;                
          Reply Brief, page 9) that Wiedeman does not disclose a satellite            
          path determination using ephemeris information as claimed, we               
          fail to see how any other conclusion can be drawn from the                  
          disclosure of Wiedeman.  For example, Wiedeman discloses (column            
          3, lines 12-26) that the linking, i.e., the communication path,             
          of satellites, the transceiver apparatus, i.e., the user                    
          terminal, and the terrestrial communications link, i.e., the                
          gateway, is determined based on satellite ephemeris information.            
               In summary, we have sustained the Examiner’s 35 U.S.C.                 





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