Ex parte FRAZIER et al. - Page 7




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

          Appellants' invention requires some human interaction to                    
          manually adjust the length of the B cursor to extend from                   
          the displayed position R  of the radar system to the Rx                         C                       
          cursor as shown in figure 6, after that, circuitry is used                  
          to change the adjusted B cursor length to a horizontal range                
          C (box 48 in figure 2) and to calculate the slant range S                   
          and altitude H from the computed horizontal range C and                     
          known elevation angle E (box 49 in figure 2).  Thus, the                    
          corresponding structure in the specification for performing                 
          at least part of the function is circuitry.  We find that                   
          the markings on the display in Harris are not equivalent to                 
          this circuitry, because they do not perform the recited                     
          function in substantially the same way.  Thus, we find that                 
          Harris does not anticipate claim 1.  The rejection of                       
          claim 1 is reversed.                                                        

          Claim 16                                                                    
               Claim 16 is a method claim and does not invoke the                     
          analysis of § 112, sixth paragraph.  The display in Harris                  
          is "used" to determine the slant range and altitude of the                  
          selected target by measuring lengths on the display.  We do                 
          not agree with Appellants' argument that "'[u]se' of the                    
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