Ex Parte VandenBerg - Page 4




               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                       


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