Ex parte GUTTAG et al. - Page 15




          Appeal No. 97-1057                                                          
          Application 08/160,298                                                      


          conclusion of obviousness is not supported by the record, we                
          do not sustain the Section 103 rejection of claims 16 and 57.               
          Claims 19, 22 and 25 recite a specific mask signal in                       
          a manner similar to claim 16.  The examiner’s rejection of                  
          these claims is supported in the same manner as the rejection               
          of claim 16.  Therefore, we also do not sustain the Section                 
          103 rejection of these claims for the same reasons just                     
          discussed.  Claims 60, 63 and 66 are grouped with these                     
          claims.  Claims 17, 18, 20, 21, 23, 24, 26 and 27 depend from               
          one of claims 16, 19, 22 and 25 and incorporate the                         
          limitations just discussed.  Claims 58, 59, 61, 62, 64, 65, 67              
          and 68 depend from one of claims 57, 60, 63 and 66 and                      
          incorporate the limitations just discussed.  Accordingly, we                
          do not sustain the Section 103 rejection of any of these                    
          claims.                                                                     
          Claims 34 and 36 recite that the mask is formed from a                      
          repetition of or replication of a pattern.  The examiner                    
          argues that the Chu mask generator meets this claim recitation              
          while appellants argue that the insertion of 1's in Chu does                
          not perform the claimed repeated digital pattern.  We agree                 
          with appellants that the examiner has not demonstrated how the              
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