Ex parte MONTAGUE - Page 4




         Appeal No. 2001-2065                                                       
         Application 09/124,871                                                     

              area of the signal receiving element of said second                   
              target area, said processing means distinguishing between             
              a first electromagnetic signal which is received and                  
              sensed by one of said signal receiving elements or said               
              signal sensing portion, and a second electromagnetic                  
              signal which results from the presence of a missile in                
              close proximity to said target area of said one of said               
              signal receiving elements or said sensing portion,                    
              wherein the close proximity of the missile permits the                
              accurate detection of the location of the missile.                    

              The Examiner relies on the following references:                      
              Vranish et al. (Vranish)      4,950,987      August 21,               
         1990                                                                       
              Santos et al. (Santos)   5,442,313      August 15, 1995               
              Allen                    5,662,333    September 2, 1997               
              Schulz                   5,987,349    November 16, 1999               
         (filed April 18, 1997)                                                     
              Claims 1-8 stand rejected under 35 U.S.C. § 103(a) as                 
         being unpatentable over Allen in view of Vranish and Schulz                
         and Santos.                                                                
              We refer to the non-final rejection (Paper No. 12) and                
         the examiner's answer (Paper No. 15) (pages referred to as                 
         "EA__") for a statement of the Examiner's rejection, and to                
         the appeal brief (Paper No. 14) (pages referred to as "Br__")              
         and the reply brief (Paper No. 17) for a statement of                      
         Appellant's arguments thereagainst.                                        




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