Ex parte FRAZIER et al. - Page 8




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

          display requires some manipulation of the display, as in the                
          case of the present invention" (Br14-15).  The method                       
          limitation of "using the display" is broad and does not                     
          recite any particular steps of how the display is used.  The                
          claims broadly encompass use of the display and its                         
          graticules by a human.                                                      
               Appellants also argue (Br15):  "[T]he requirement that                 
          the selected target be in the same vertical plane as the                    
          transmitting and receiving antennas makes the Harris system                 
          essentially nonfunctional for accurately determining slant                  
          range and altitude even by viewing, since such requirement                  
          will almost never be met in actual usage of the system."                    
          The Examiner responds that this argument is "of no moment                   
          since the accuracy of the system is not claimed" (EA3).                     
               What the Examiner really means to say is that claims 1                 
          and 16 do not require determination of a slant range S and                  
          an altitude H to a target that is not located on a plane                    
          between the transmitter and receiver.  In any case, Harris                  
          discloses that the target could have a z coordinate, but it                 
          is assumed for the analysis that the antenna scans in the                   
          x-y plane only (col. 5, lines 54-57).  Thus, Harris teaches                 

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