Ex parte O'CONNER - Page 11




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


                 "phase control circuit" on phase lock loop 44, which is part                                                                           
                 of the signal processing circuitry.   Kipp '221 discloses      3                                                                       
                 similar circuitry.                                                                                                                     
                                   Appellant contends (Brief at 17) that the Kipp                                                                       
                 references fail to disclose the claimed "distance measuring                                                                            
                 device having a frequency modulated radar -transmitter and                                                                             
                 -receiver (10) for guiding a radar beam onto an object to be                                                                           
                 measured and receiving a reflecting beam from the object and                                                                           
                 for mixing of a transmitted frequency with a received                                                                                  
                 frequency and generating a beat signal (30) by mixing the                                                                              
                 transmitted and received frequencies."  The only reasons given                                                                         
                 are that Kipp '221 "describes a system that requires                                                                                   
                 predetermined range parameters for comparing with input from a                                                                         
                 target of interest" and Kipp '309 "provides a phase locked                                                                             
                 loop for receiving a frequency modulated/continuous wave radar                                                                         
                 transmitted and received input signal and selective filter for                                                                         
                 filtering the undesired frequencies" (Brief at 17).  This                                                                              
                 reasoning is unpersuasive because it fails to explain why the                                                                          


                          3Appellant does not argue that the claim language                                                                             
                 precludes the phase control circuit from being part of the                                                                             
                 signal processing circuit.                                                                                                             
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