Appeal No. 2006-2067 Application 10/437,836 time intervals (col. 2, lines 39-43). Time correlation measurements are obtained in fifth and sixth time intervals from two additional beams (5,6) which have a cross-shaped transmit pattern (7,8; figure 1) and a circular receive pattern (9; figure 1) (col. 2, lines 43-45; figure 1). The examiner argues that “it would have been obvious to modify Madsen to form the cross shaped pattern for better terrain coverage and better time correlation of the return signals” (answer, pages 4 and 7). The examiner has not pointed out where Marino discloses that the cross-shaped pattern provides better terrain coverage and time correlation of the return signals. Moreover, the examiner has not established that one of ordinary skill in the art would have considered any benefit of Marino’s velocity sensor to be applicable to Madsen’s elevation sensor. We therefore conclude that the examiner has not carried the burden of establishing a prima facie case of obviousness of the invention in the appellant’s claims 1-12 and 17-20. Claims 13-16 Claim 13 requires a multi-mode altimeter system having a multi-channel antenna operative to generate overlapping antenna patterns on a terrain partitioned into a plurality of sampling lanes. Madsen’s antenna patterns overlap (col. 4, lines 58-63; figure 1). Madsen’s disclosure that a predetermined continuous flight track is a preferred embodiment (col. 4, lines 11-12) indicates that the system is capable of being used with a terrain partitioned into a plurality of sampling lanes. Furthermore, Madsen would have fairly suggested, to one of ordinary skill in the art, a system that is capable of use with a terrain 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007