Ex Parte Chang et al - Page 10



          Appeal No. 2006-0406                                                        
          Application 09/497,865                                                      
          select the strongest beam signal.  Chiba does not disclose using            
          the element corresponding to the strongest signal for                       
          transmission.  Since Chang shares one of the co-inventors of the            
          present application and is assigned to the real party in interest           
          in this case, we assume that appellants would inform the Office             
          if one skilled in the art would have recognized that the circuit            
          was intended to be used to provide retrodirectivity.                        
               We agree with the examiner that it would have been obvious             
          to combine an azimuth scanned antenna as taught by Karlsson with            
          the specific DBF circuit taught by Chang given the teachings of             
          the advantages of using DBF and mounting an antenna array flat on           
          the top of a van in Chiba.  Chiba also discloses "locking onto a            
          strongest signal having a corresponding element" (claim 1 and               
          similar limitations in all independent claims) which suggests               
          that the circuit in Chang would determine the strongest signal.             
               The main issue is the interpretation of the limitations                
          "a digital receiver determining signal strengths for the coded              
          element signals and locking onto a strongest signal having a                
          corresponding element, so that the corresponding element can be             
          used for transmission" (claim 1 and similar limitations in                  
          claim 7, 21, and 37) and "determining signal strengths for the              
          coded element signals and determining a strongest signal of the             
          signal strengths and a corresponding element, and transmitting a            
          transmit beam using the corresponding element" (claim 13 and a              
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