Ex parte KOHLER - Page 5




           Appeal No. 95-1901                                                                     
           Application 08/088,397                                                                 


           1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996)                         
           citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d                           
           1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469                      
           U.S. 851 (1984).                                                                       
                 Appellants argue on pages 4 through 9 of the brief that                          
           neither Milheiser, Setoguchi, Aggers, Lichtenberger nor                                
           Schwendeman teaches or suggests a second bit interval of the                           
           biphase state bit which is equal to the bit period of the other                        
           biphase bits.  We note that all of the independent claims, claims                      
           15, 19 and 22, recite this limitation.  In particular, claim 15                        
           recites "said start bit being distinguished from the other                             
           biphase bits in that the second bit interval of the biphase start                      
           bit is equal to the bit period of the other biphase bits."                             
           Furthermore, claims 19 and 22 recite "said biphase start bit                           
           being distinguished from the other biphase bits in that the                            
           second bit interval of the biphase start bit is equal to the bit                       
           period of the other biphase bits."                                                     
                 Upon a careful review of the references, we fail to find                         
           that these references teach or or would have suggested a start                         
           bit being distinguished from the other biphase bits in that the                        




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