Ex Parte Flockencier - Page 4

              Appeal 2006-2232                                                                     
              Application 10/242,188                                                               
                                             ISSUES                                                
                    The first issue in this case is whether Appellants have shown that the         
              Examiner erred in finding that Rushing discloses comparing the intensity of          
              a returned pulse to a target value.                                                  
                    The second issue in this case is whether the Appellants have shown             
              that the Examiner erred in holding that Kovtun is analogous art.                     

                                       FINDINGS OF FACT                                            
                    Appellant’s invention, as recited in claim 27, is a method of                  
              automatically controlling the gain of a receiver in an optical system such as a      
              LADAR system.  The method includes the step of comparing the intensity of            
              the returned pulse with a target value.  In regard to the problem addressed by       
              the Appellants, the Specification states:                                            
                                One concern with virtually all LADAR                               
                          receivers is the “gain” of their detectors.  The gain                    
                          controls the amount of amplification applied by the                      
                          detector to a return pulse when it is received.  The                     
                          gain should be commensurate with the intensity of                        
                          the return pulse.  If the intensity of the return pulse                  
                          is high, then the gain of the detector should be low                     
                          to avoid oversaturating the detector’s components.                       
                          On the other hand, if the intensity is low, the gain                     
                          should be high to facilitate subsequent processing,                      
                          although not so high that “noise” is reported as a                       
                          return pulse [Specification 4].                                          

                    Appellants include an automatic gain control (“AGC”) 340 to variably           
              control the gain of the detector array 310 (Specification 9).  As depicted in        
              Figure 5A, the AGC includes an up/down counter 510 that is driven by an              
              intensity median computation at 520.  The intensity median computation               

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