Ex parte KIM - Page 4




          Appeal No. 1998-2497                                                        
          Application No. 08/472,275                                                  


          “positive”-information and “negative”-information (n+1)-bit                 
          channel words has a spectral response that least deviates from              
          said prescribed spectral response.                                          

               The examiner relies on the following reference:                        
          Kahlman et al. [Kahlman]    5,142,421        Aug. 25, 1992                  


               Additionally, the examiner relies on Official Notice                   
          “that the selection of parallel processing or serial                        
          processing would have been an obvious design choice.”  The                  
          examiner also relies on the alleged admitted prior art [APA]                
          depicted in instant Figure 4, even though Figure 4 is not                   
          labeled as prior art and, in fact, is described at page 5 of                
          the specification as an “improved control signal generator for              
          the digital signal recording apparatus shown in FIGURE 3."                  
               Claims 1-11 and 15-31 stand rejected under 35 U.S.C. 103.              
          As evidence of obviousness, the examiner offers Kahlman in                  
          view of Official Notice with regard to claims 1-3, 10, 11, 15-              
          21 and 27, adding APA to this combination with regard to                    
          claims 4-9, 22-26 and 28-31.                                                
               Reference is made to the brief and answer for the                      
          respective positions of appellant and the examiner.                         

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