Ex Parte VandenBerg - Page 5




               Appeal No. 2006-2067                                                                                                 
               Application 10/437,836                                                                                               

               patterned into a plurality of sampling lanes to determine the elevation of a region larger than                      
               a single sampling lane.                                                                                              
                       Claim 13 also requires a processor to perform elevation measurements of the terrain,                         
               including an operational mode that can be time delay response.  The appellant argues that                            
               Madsen’s time delay is a means to measure range, whereas the appellant’s time delay “is                              
               used to measure the occurrence of a response along the flight line, which in conjunction                             
               with the unique cross-shaped antenna pattern footprints is used to measure cross-track                               
               position of a prominent scatterer” (brief, page 3).  The appellant’s claim 13 does not require                       
               a cross-shaped antenna pattern.  Madsen’s residual delay estimation determines a phase                               
               shift that is proportional to twice the time delay of the uncompensated range difference                             
               between two antennas and, therefore, reasonably can be considered a time-delay-response                              
               operational mode (col. 11, lines 6-9 and 55-65).  The appellant has not defined “time-delay-                         
               response”, let alone define it in a way that would exclude Madsen’s residual delay                                   
               estimation.                                                                                                          
                       The appellant argues, regarding claim 14 which depends from claim 13, that Madsen                            
               does not disclose amplitude monopulse (brief, page 4).  Claim 14 does not recite amplitude                           
               monopulse but, rather, recites phase monopulse.  The claim, however, does not require                                
               phase monopulse.  The claim merely requires that if the operational mode is phase                                    
               monopulse, it utilizes interferometric Doppler beam sharpening.  The claim, like claim 13,                           
               can be met by the operational mode being time-delay-response.                                                        
                       Regarding claim 16, which depends from claim 13 and requires that the time-delay-                            
               response mode is implemented by performing elevation measurements in multiple channels                               

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