Ex Parte Flockencier - Page 5

              Appeal 2006-2232                                                                     
              Application 10/242,188                                                               
              drives the up/down counter 510 up and down depending on whether the                  
              intensity of the return pulse is higher or lower respectively than some              
              predetermined value (Specification 11).                                              
                    A constant false alarm rate (“CFAR”) computation at 530 is included.           
              The CFAR imposes an upper limit on the content of the up/down counter                
              510 and thus the gain of detector 310 upon detection of a noise event                
              (Specification 11).                                                                  
                    Rushing discloses a densitometer, depicted in Figure 3, which                  
              includes an automatic gain control 86.  The returned pulse is received by            
              optical detector 82 and sent to automatic gain control 86 through analog to          
              digital converter 90.  The pulse signal emerges from analog to digital               
              converter 90 as an 8 bit signal.  This 8 bit signal is sent to gain select logic     
              94 and then to binary up/down counter 96 and emerges as a 3 bit signal               
              (Rushing, col. 5, ll. 1-8).  The counter 96 is driven up according to a table        
              depicted in Figure 4.  This table indicates that it is desired that the 3 bit        
              signal be 100, 101, or 110.  If the signal is 111, and the gain is greater than      
              the minimum gain, the counter counts down.  If the signal is 111, and the            
              gain is equal to the minimum gain, the counter remains the same.  If on the          
              other hand the signal is 000 and the present gain is less than the maximum           
              gain, the counter counts up and if the present gain is equal to the maximum          
              gain, the counter is unchanged.                                                      
                    According to Webster’s online dictionary, a target is a desired goal.          
              Therefore, the goal of having a signal that is 100, 101 and 110 is a target.         
              Specifically, it is the goal or target of the Rushing device to have a signal        
              that is 100, 101, or 110.  If this goal is not achieved, and the signal is 000       
              and the present gain is set to minimum gain, the gain is changed to the              

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