Ex parte O'BRIEN - Page 5




          Appeal No. 97-2757                                                          
          Application No. 08/412,260                                                  


                    In response to the second argument, see for                       
               example the abstract lines, 16-20 and column 3, line                   
               65 to column 4, line 2.  It clearly states that a                      
               signal (an inhahit [sic, inhibit] signal) is                           
               generated to indicate that the incoming signal is                      
               solely noise and that the data processing channel is                   
               inhibited from processing the signal.  The only                        
               pulses which will be accepted for processing are                       
               those which have been first identified by the                          
               initial start pulse.  Furthermore, even though                         
               Norman is silent whether the noise is a random noise                   
               or not, it is clear from the drawing the noise is                      
               not a continues [sic, continuous] noise.  Therefore                    
               it is a random noise.  Thus, the noise assessment                      
               (an inhabit [sic, inhibit] signal) that is generated                   
               by the noise detection circuit is to indicate that                     
               the detected signal is solely random noise.                            
               Norman shows (Figure 2A) that the start pulse 12 is part               
          of the input data pulses, and he specifically states (column                
          1, lines 54 through 58) that the “circuit . . receives data                 
          characters, each of which begins with a start pulse,” and that              
          the “circuit receives . . . trains of data pulses, each train               
          including a start pulse” (column 1, lines 63 through 67).                   
          Thus, the examiner correctly concluded that the start pulse is              
          part of the data in Norman, and that Norman distinguishes                   
          between data and noise.                                                     
               Appellant’s argument (Brief, page 7) that Norman “does                 
          not suggest making the noise assessment while receiving a data              
          stream” is directly refuted by Figure 2 of Norman’s drawing.                
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