Ex parte FARGUES et al. - Page 2




          Appeal No. 1997-3850                                       Page 2           
          Application No. 08/355,973                                                  


          transmission quality, is made by a simple calculation of the                
          ratio between a number of erroneous samples and a total number              
          of samples, this calculated ratio being inversely proportional              
          to the Eb/No ratio.                                                         
               Representative independent claim 1 is reproduced as                    
          follows:                                                                    
                    1. A process for indirectly determining the Eb/No                 
          ratio of a digital transmission, said process being applied to              
          a signal having a plurality of phases made up of two data                   
          streams in phase quadrature providing in each symbol time a                 
          received sample whose position in the constellation is defined              
          by its coordinates obtained by quantizing said data streams,                
          which process includes the steps of:                                        
                    -determining the number of erroneous samples received             
          during a given time period whose coordinates correspond to                  
          those of indicative samples, the coordinates of said indicative             
          samples being different from those of optimal samples received              
          under optimal transmission conditions; and                                  
                    -calculating the ratio between said number of                     
          erroneous samples and the total number of samples received in               
          said time period, the calculated ratio being inversely                      
          proportional to said Eb/No ratio.                                           
               The examiner relies on the following references:                       
          Birchler et al. [Birchler ‘582]    5,440,582           Aug. 8,              
          1995                                                                        
          Birchler et al. [Birchler ‘590]    5,440,590           Aug. 8,              
          1995                                                                        
               Claims 1, 5, 6, 10 and 11 stand rejected under 35 U.S.C.               
          102(e) as anticipated by Birchler ‘590.  However, the examiner              








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