Ex parte O'CONNER - Page 7




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


                    radio signal reflected from said target.                          
                    [Emphasis added.]                                                 
                    Appellant's next argument relative to claim 1 is                  
          that Strauch further points out in column 2, lines 3-7, that                
          the system described in the U.K. patent specifications                      
          "generates a sawtooth transmission frequency having a fixed                 
          modulation slope and consequently operates according to a                   
          different principle than the device according to the                        
          invention" (Brief at 14).  This argument is not understood,                 
          because appellant has not explained why claim 1 precludes                   
          variation of the slope, as occurs in  Strauch's device,                     
          wherein the modulation slope of the transmitted frequency                   
          varies as a function of the range (col. 2, lines 7-9).                      
                    Appellant also argues that "Strauch mandates (column              
          4) divider 10 as a necessity, for that device to work, for                  
          cancelling drifts in the two inputs of the mixer, which leads               
          away from the simple device proposed in the present invention"              
          (Brief at 14).  This argument fails because appellant has not               
          explained why claim 1 precludes the presence of such a                      
          divider.                                                                    



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