Ex parte O'CONNER - Page 15




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


          using a Schottky barrier mixer cavity for the Doppler detector              
          in Flannery.  Raudonat is cited only to teach the obviousness               
          of performing the Flannery processing using Fourier                         
          transforms.  Finally, Merlo is cited only to teach the                      
          obviousness of modifying the Flannery fixed low pass filters                
          to programmable filters which are controlled by the vehicle’s               
          own velocity.  None of these modifications destroys the basic               
          nature of the Flannery device which is to determine the                     
          relative velocity between two vehicles.  Since no other                     
          arguments are presented by appellant, we sustain the rejection              
          of claims 4 and 5.                                                          


                        6. The rejection of claim 10 as                              
                         unpatentable over Gabbitas in view of                        
                         Flannery and Merlo and further in view                       
                         of Fritzlen.                                                 
                                                                                     
          Claim 10 depends from claim 9 and adds the recitation                       
          that the frequency comparison means are phase locked loops.                 
          The examiner cites Fritzlen to teach this feature and                       
          indicates why the invention of claim 10 would have been                     
          obvious within the meaning of 35 U.S.C. § 103 [Final                        
          Rejection, pages 6-7].                                                      

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