Ex parte O'CONNER - Page 11




          Appeal No. 97-0425                                                          
          Application 08/330,335                                                      


          velocity of the vehicle having the Doppler equipment.  The                  
          examiner cites Flannery for the same reasons discussed above,               
          and the examiner observes that Merlo teaches controlling a                  
          Doppler filter based upon a vehicle’s own velocity [Final                   
          Rejection, pages 3-4].  The examiner’s rationale for combining              
          the teachings of Flannery with those of Merlo is sufficient to              
          establish a prima facie case of obviousness.                                
          Appellant argues that the filters in Flannery are                           
          fixed and not programmable as claimed.  The examiner has                    
          recognized this fact and has proposed modifying the Flannery                
          filters to be programmable as suggested by Merlo.  Appellant                
          does not present any arguments which point to the                           
          nonobviousness of this modification.  Instead, appellant’s                  
          arguments attack deficiencies in the references individually                
          even though the deficiencies have been acknowledged by the                  
          examiner and have been overcome by the application of                       
          additional teachings.  Appellant’s arguments related to                     
          features of cost, size and differences in operation are not                 
          relevant to the invention as broadly recited in claim 11.                   
          Since appellant has presented no persuasive arguments of error              
          in the examiner’s rejection, we sustain the rejection of                    
                                        -11-                                          





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