Ex parte SHAH et al. - Page 10




          Appeal No. 96-2573                                                          
          Application No. 08/331,168                                                  

               We agree with the examiner that, for the most part,                    
          appellants’ arguments are not directed to any specific claim                
          limitations in order to distinguish over Chandler.  However,                
          appellants do argue, at page 17 of the brief, that, with                    
          regard to Chandler,                                                         
               [n]o teaching or suggestion of a “means for                            
               adjusting a second resampling frequency in                             
               accordance with [a] height signal” is disclosed                        
          and that                                                                    
               Chandler does not disclose or suggest the provision                    
               of a signal responsive to the frequency shifted                        
               optical target signal for indicating acquisition of                    
               the target, nor does it disclose or suggest any                        
               means for acquiring said optical target signal in                      
               accordance with said frequency shifted optical                         
               target signal [Emphasis in the original].                              
               We are in agreement with these arguments by appellants.                















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