Ex parte GUEDES et al. - Page 6




          Appeal No. 96-0309                                                          
          Application 08/135,370                                                      

               allocated.  Therefore, the disclosure does not enable one              
               skilled in the art to make and use the claimed invention               
               without undue experimentation.  In addition, because                   
               means for encoding, means for interleaving, means for                  
               deinterleaving and decoding, and [sic] an information                  
               signal encoded with an error detection were not disclosed              
               in the original disclosure, the claimed devices and coded              
               signal constitute NEW MATTER.                                          
          It is not clear whether the examiner is saying that the "means              
          for encoding," for example, is not disclosed because the                    
          function is not disclosed or because no structure for                       
          performing the function is disclosed.  The examiner finds that              
          the disclosure does not show where encoding, interleaving,                  
          deinterleaving, and decoding steps are performed.  In the                   
          response to the arguments, the examiner also states that the                
          disclosure does not describe what exact kind of encoding is                 
          used (EA4-5):                                                               
               [T]here are different types of codes in common use today,              
               block codes (such as BCH codes, Reed-Solomon codes) and                
               convolutional codes including Trellis coded modulation.                
               Each type of code has its own advantage and disadvantage;              
               and a specific type of code may have different circuit                 
               designs.  The specification discloses no error correction              
               encoder even by "functional-type block diagrams."                      
               Clearly, the selection of a suitable encoder requires                  
               unreasonable experimentation and delays for one skilled                
               in the art to carry out the invention.                                 
               The specification describes that the use of error                      
          correction codes and time interleaving has been proposed                    

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