Ex parte HORTON et al. - Page 7




          Appeal No. 97-2764                                                          
          Application No. 08/354,018                                                  


               Independent claim 27 recites the step of "estimating a                 
          position of said object by averaging strengths of signals                   
          received by at least some of said plurality of receivers."                  
          Independent claim 22 recites a means for accomplishing that                 
          step.  Therefore, all of the pending claims require estimating              
          by averaging signal strengths.  The examiner rejects claims 22              
          through 25, 27 through 30, and 32 through 37 under 35 U.S.C.                
          § 103 as being obvious over Krieg, further in view of                       
          Zimmerman (for 23 through 25, 28 through 30, and 32 through                 
          35) and also Mori (for 32 and 34).  The examiner admits                     
          (Answer, page 5) that Krieg does not disclose averaging the                 
          strengths of the signals to estimate the position of the                    
          operator.  The examiner nonetheless concludes (Answer, page 5-              
          6) that it                                                                  
               would have been obvious to one skill [sic] in the                      
               art to recognize that Krieg's device has to                            
               calculate each of the independent components of the                    
               electromagnetic fields received by the antennas (18                    
               and 28) and averaging [sic] the strengths of the                       
               components of the electromagnetic fields between the                   
               antennas (18,28) in order to estimate the operator's                   
               position.                                                              





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