Ex parte FRAZIER et al. - Page 5




          Appeal No. 2000-0957                                                        
          Application 06/344,455                                                      

          grid on the display as shown in figure 7.  The "fixed                       
          distance of approximately 500,000 feet between the                          
          transmitter and receiver . . . [is] represented by an                       
          oscilloscope scanning line of four inches" (col. 3,                         
          lines 38-41); thus, the location of the transmitter is                      
          implicitly shown on the display.  The display is used to                    
          determine the altitude y to the target by measuring the                     
          vertical distance of the spot using the grid and is used to                 
          determine the slant range S  to the target by measuring the                 
                                     2                                                
          distance along a scanning line from the intersection point                  
          of the scanning lines to the spot or measuring the                          
          horizontal and vertical distances on the grid and computing                 
          the length of the hypotenuse.                                               

          Claim 1                                                                     
               Appellants argue (Br14-15):  "The PPI display of Harris                
          is not 'used' to determine the slant range and altitude; it                 
          is merely viewed. . . .  It is applicant's position that                    
          merely viewing the display is not a use of the display.                     
          'Use' of the display requires some manipulation of the                      
          display, as in the case of the present invention."  The                     
          Examiner responds (EA3):  "The conventional reference                       
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