Ex parte FREITAS - Page 4




          Appeal No. 97-3451                                                          
          Application 08/325,832                                                      

          first output rate and generates data channel information for                
          transmission over a data bus;                                               
               a servo signal decoder that receives servo signal                      
          thermometer code information from the comparator circuit at a               
          second output rate, demodulates it, and provides demodulated                
          signal information to a servo controller.                                   
                                       Opinion                                        
               We do not sustain the rejection of claims 1-7, 25, and 26-28           
          under 35 U.S.C. § 103 as being unpatentable over Cheung and                 
          Garuts.                                                                     
               We sustain the rejection of claims 8-13, 14, 17-21, and 22-            
          24 under 35 U.S.C. § 103 as being unpatentable over Cheung and              
          Garuts.                                                                     
               Our opinion is based only on the arguments presented by the            
          appellant in his brief.  Arguments not raised by the appellant              
          are not before us, are not at issue, and thus have not been                 
          considered.                                                                 
               According to the appellant, in this appeal, all rejected               
          claims 1-14 and 17-28 stand or fall together (Br. at 5).                    
               On page 6 of the brief, the appellant argues:                          
                    As recited in all the independent claims, the                     
               analog readback signal is received and is converted to                 
               a thermometer code output, which is directly provided                  
               to the data channel and the servo decoder.                             
          That the appellant considers the claimed invention as requiring a           
          thermometer code to be provided to both a data channel decoder              

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007