Ex Parte VandenBerg - Page 6




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

               within a common lane, the appellant argues that “Madsen only uses time delay as a                                    
               measurement of range and ultimately phase” (brief, page 5).  Madsen performs elevation                               
               measurements in multiple channels, i.e., the channels of the two antennas, within a                                  
               common lane that includes area 130 (col. 4, lines 58-63).                                                            
                       For the above reasons we conclude that the invention claimed in the appellant’s                              
               claims 13-16 would have been obvious to one of ordinary skill in the art over the applied                            
               prior art.                                                                                                           
                                                              DECISION                                                              
                       The rejection of claims 1-20 under 35 U.S.C. § 103 over Madsen in view of Marino is                          
               reversed as to claims 1-12 and 17-20, and affirmed as to claims 13-16.                                               





















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