Ex parte BURNS - Page 2




               Appeal No. 96-0254                                                                                                    
               Application 08/096,149                                                                                                




               (Paper No. 5) in which claims 1 through 7 were canceled and                                                           
               claim 8 was amended.  The Examiner entered this amendment for                                                         
               purposes of appeal in the Advisory Action mailed to appellant                                                         
               on January 30, 1995  and as a result, only claims 8-12 remain2                                                                                       
               for our consideration in this appeal.                                                                                 

                               Appellant’s invention relates to a method of using an                                                 
               undersampling technique to capture, transfer and analyze a                                                            
               multiple word data string.  Claim 8 is a representative of the                                                        
               subject matter on appeal and a copy of claim 8, as it appears in                                                      
               the Appendix to appellant’s brief, is attached to this decision.                                                      

                               The prior art of record relied upon by the examiner in                                                
               rejecting appealed claims 8-12 under 35 U.S.C. § 103 is:                                                              
               Guttag et al. (Guttag)         5,287,100         Feb. 15, 1994                                                        
                                                                      (filed June 27, 1990)                                          


                               Claims 8-12 stand rejected under 35 U.S.C. § 103 as                                                   
               being unpatentable over Guttag.                                                                                       


                       2While the Advisory Action mailed January 30, 1995                                                            
               indicates that the after final Amendment filed January 17, 1995                                                       
               was to be entered, the amendment has not physically been entered                                                      
               into the record. Appropriate correction is required.                                                                  
                                                                 2                                                                   





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