Ex Parte BAGHDADY - Page 5



          Appeal No. 2001-0603                                                        
          Application 09/028,063                                                      

          arrival information may have become masked with the spreading of            
          the signal over the spectrum.  See pages 5 and 6 of the                     
          Appellant’s brief.                                                          
               Appellant argues that there is no motivation or reason to              
          combine the Green and Baghdady.  Appeellant points out that Green           
          is not directed to determining the direction of the arrival of a            
          traveling spectrally spread signal wavefront.  Appellant points             
          out that Baghdady is directed to detecting a signal in the                  
          presents of signals having arbitrary modulation for the use of              
          anti-jamming circuitry.  See pages 6 and 7 of the Appellant’s               
          brief.  Appellant argues that Green and Baghdady, either                    
          individually or in combination, fail to teach or suggest                    
          Appellant’s claimed invention of detecting the direction of                 
          arrival of an instant wavefront where the constituents of the               
          signal itself mask the direction of the arrival of information.             
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim “[T]he name of the game is the             
          claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,             
          1529 (Fed. Cir. 1998).  In addition, claims are to be interpreted           
          as the terms reasonably allow.  In re Zletz, 893 F.2d 319, 321,             
          13 USPQ2d 1320, 1322 (Fed. Cir. 1989).                                      

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