Ex parte O'CONNER - Page 5




          Appeal No. 1997-1317                                                        
          Application No. 08/371,995                                                  


          is disclosed or inherent in the reference.  Compare In re                   
          Rouffet, 149 F.3d 1350, 1355, 47 USPQ2d 1453, 1455 (Fed. Cir.               
          1998) ("[o]n appeal to the Board, an applicant can overcome a               
          [35 U.S.C. § 103] rejection by showing insufficient evidence                
          of prima facie obviousness or by rebutting the prima facie                  
          case with evidence of secondary indicia of nonobviousness."                 


                    Comparing claim 1 to Strauch, the examiner (Answer                
          at 3) reads the claimed "distance measuring device having a                 
          frequency modulated radar -transmitter and -receiver" on                    
          Strauch's duplexer-mixer 3 and directional transmitting-                    
          receiving antenna 4, the claimed "frequency modulator" on                   
          modulator 2, the claimed "signal processing circuit" on time                
          measuring device 7, and the claimed "phase control circuit" on              
          frequency discriminator 6.                                                  
                    Appellant argues (Brief at 14) that "Strauch clearly              
          teaches away from a radar unit by pointing out in column 1                  
          that prior art devices ('the system described in these                      
          specifications') use radar systems (lines 60+) which are                    
          disadvantageous as they have a panoramic field of view."                    
          Appellant is apparently relying on column 1, lines 59-67 of                 

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