Appeal No. 2000-0672
Application 08/838,027
stages of the corresponding positioning radio receiver”, since it
is associated with one or more receiver stages of two positioning
radio receivers.
Upon a careful review of the record, we fail to find that
Drebinger teaches the limitation requiring storing “a signal
delay associated with one or more receiver stages of the
corresponding positioning radio receiver,” as recited in
Appellants’ claim 1. Therefore, we find that Drebinger fails to
teach all of the limitations of claim 1, and, therefore, the
claims 1-26 are not anticipated by Drebinger.
The Examiner also makes a rejection of claims 1 through 26
under 35 U.S.C. § 103. Specifically, the Examiner states:
The storage of the correction information at the main
office, or alternatively, at the individual receiving
stations is suggested and/or is obvious to the skilled
artisan in view of the intent to make more accurate time
measurements by compensating for receiver transit time
delays.
See Answer Page 4, lines 12-15.
The Examiner bears the initial burden of presenting prima
facie case of unpatentability. In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1143, 1444 (Fed. Cir. 1992). It is the burden of
the Examiner to establish why one having ordinary skill in the
art would have been led to the claimed invention by the
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