Appeal No. 2002-2169 Page 10
Application No. 09/163,286
differences using a time-based clock by observing phase differences at plural
frequencies. Therefore, we affirm the nonenablement rejection of claim 6.
Second, regarding claim 12, the examiner asserts that the specification "says
nothing about using satellite transmissions to determine the offsets; in fact, the
reference oscillator (GPS master reference oscillator) merely provides a precise
reference frequency, it is not controlled and it does not provide any calibration signal to
the phase measurement device." (Examiner's Answer at 4.) The appellants argue, "[a]
free running local oscillator can either be phase locked to a sub-harmonic of the atomic
clock based satellite carrier transmissions, or those transmissions can be used to
measure the local clock errors." (Reply Br. at 3.)
"Analysis begins with a key legal question -- what is the invention claimed?"
Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.
Cir. 1987). "Claim interpretation, in light of the specification, claim language, other
claims, and prosecution history, . . . will normally control the remainder of the
decisional process." Id., 1 USPQ2d at 1597.
Here, contrary to the examiner's assertion, claim 12 does not require that the
claimed satellite transmissions include the claimed calibration signal. Instead, the claim
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