Ex Parte Irvin et al - Page 14



            Appeal 2007-0277                                                                                 
            Application 10/270,236                                                                           

            GPS receiver to a satellite. The computation is disclosed as including a correction              
            to take into account an error.  FF 9.  One of ordinary skill in the art reading Huston           
            would understand that a GPS range computation that includes an error correction                  
            amounts to a GPS-range that one would expect the GPS receiver to give. Since we                  
            have construed the claimed “expected GPS parameter” to mean particular GPS-                      
            related information which one would expect the GPS receiver to give, irrespective                
            of how it is determined, Huston’s estimated/computed range meets that limitation.                
            Appellants argue that Huston fails to meet the claim because it compares                         
            different parameters.  According to Appellants, Huston compares a pseduorange                    
            with a calculated range, not with a corresponding expected pseudorange.  Appeal                  
            Br. 6. Appellants argue that because the Examiner notes that Huston compares a                   
            pseudorange and an estimated range, the Examiner concedes that Huston does not                   
            compare a derived parameter and a corresponding expected parameter (Reply Br.                    
            2-4).                                                                                            
                   This argument implies that claim 13 limits the comparing step to being made               
            between the same two parameters.  We find nothing in the claim which requires                    
            that both the derived and expected GPS parameters must be, for example,                          
            pseudoranges.  So long as Huston shows comparing a derived and a corresponding                   
            expected GPS parameter wherein “the expected GPS parameter and the derived                       
            parameter comprise at least one of . . . [pseudorange],” Huston meets the                        
            limitation. In that regard, Huston’s two compared parameters “comprise at least                  
            one of . . . [pseudorange].”                                                                     
                   Even if we were to assume for argument’s sake that to meet the claim, both                

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