Appeal No. 1997-1317
Application No. 08/371,995
F. The merits of the rejections based on
Kipp '221, Kipp '309, Lazarus, and Hethuin
The examiner contends (Answer at 5) that claims 1-6
are anticipated by each of the Kipp patents because the claim
term "sawtooth" reads on the triangular modulating waveforms
shown in these patents (see the sole figure of Kipp '221 and
Figure 2 of Kipp '309). Alternatively, the examiner argues
that the use of sawtooth waveforms to frequency-modulate a
distance-determining radar signal is suggested by each of
Lazarus and Hethuin, which employ the terms "saw tooth" and
"sawtooth" to describe their waveforms (Lazarus, col. 3, line
55; Hethuin, col. 2, lines 41-42). As the examiner correctly
notes (Answer at 7), appellant does not deny that the
triangular waveforms in the Kipp patents accurately can be
described as sawtooth in shape. In any event, the triangular
waveforms disclosed in the Kipp patents fall within the
definition of the term "sawtooth wave" given in the Academic
Press Dictionary of Science and Technology: "Electronics. a
periodic wave whose amplitude varies linearly between two
values." This definition can be found on-line at
http://www.harcourt.com/dictionary/def/9/0/0/1/ 9001900.htm,
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