Appeal No. 1997-3850 Page 7
Application No. 08/355,973
Further, we find no mention within the Birchler references
of the claimed coordinates for the samples. While the examiner
points to Figure 1 of Birchler ‘582, our review of the
disclosure of that reference does not indicate a coordinate
system as claimed. Rather, the Figure 1 illustrations are
merely transmitted and received information symbol patterns.
Moreover, there is no indication within the Birchler
disclosures that the incoming samples are assigned any
coordinate location. Birchler merely averages the signals and
then uses these averages in the ratio computations whereas
appellants count the number of samples whose coordinates
correspond to indicative samples and keep track of the total
number of samples received during a given time period and then
use these values to calculate the ratio of erroneous samples to
total samples. Birchler does not disclose such counting
because Birchler does not keep track of erroneous samples in
the same manner.
The examiner contends that quantized samples having
corresponding coordinates “is well known” and that the
coordinates of indicative samples being different from the
coordinates of optimal samples “is well known” [answer-page 4].
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