Ex Parte TALBOT et al - Page 3




             Appeal No. 2002-2169                                                              Page 3                
             Application No. 09/163,286                                                                              


                           a reference oscillator controlled by said pulse-per-second output                         
                    and providing a reference frequency with a timing accuracy directly related                      
                    to a timing accuracy of said atomic time standard;                                               
                           an electronic distance meter having an EDM transmitter for                                
                    launching an out-bound signal to a distant target and an EDM receiver for                        
                    receiving a reflected signal from said distant target; and                                       
                           a phase measurement device connected to the reference oscillator,                         
                    said EDM transmitter and said EDM receiver, and providing for a time                             
                    measurement of the difference between said out-bound signal and said                             
                    reflected signal using said reference frequency;                                                 
                           wherein, a distance-to-target measurement is computed with an                             
                    accuracy dependant on said timing accuracy of said atomic time standard.                         


                    Claims 5, 6, and 12 stand rejected under 35 U.S.C. § 112, ¶ 2, as indefinite.                    
             Claims 6 and 12 stand rejected under 35 U.S.C. § 112, ¶ 1, as  lacking an adequate                      
             written description.  Claims 6 and 12 also stand rejected under § 112, ¶ 1, as                          
             nonenabled.  Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as obvious over U.S.                    
             Patent No. 5,430,537 ("Liessner") and Using a New GPS Frequency Reference in                            
             Frequency Calibration Operations, 1993 IEEE Int'l Frequency Control Symp., pp. 33-39                    
             ("Osterdock").                                                                                          




                                                     OPINION                                                         









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