Appeal No. 1999-1110
Application No. 08/665,755
such “voice or data frequencies” in the radar system of Braun and it would not appear
to be inherent at all to employ voice signals in an airborne radar system such as that taught
by Braun.
With regard to Caille, the examiner is even less straightforward in identifying
corresponding elements between Caille and the subject matter of the claims, stating only,
at page 2 of the final rejection, that Caille shows “similar transceiver structure, including the
newly added circuitry, identifying Figures 3-9.” It is unclear how Caille is being applied by
the examiner against the instant claims. Similar to the reasoning with regard to Braun, the
examiner identifies the satellite 20 of Caille and declares that the “specific claimed
electronics package is inherent and implied in the satellite housing 20" [answer-page 5].
We disagree. Even in response to a challenge by appellant, the examiner has been
unable to identify any evidence tending to show that the satellite of Caille “inherently”
includes the baseband signal processing unit and microwave transceiver set forth in the
instant claims. Speculation on the part of the examiner simply does not cut it with respect
to making a showing of anticipation under 35 U.S.C. § 102(b).
Part of the examiner’s problem may be in declaring, at page 6 of the answer, that
the instant “claims are nothing more than a combination of antenna and communication
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