Appeal No. 1998-2497
Application No. 08/472,275
at page 6 of the answer, that the examiner “may take official
notice of facts outside of the record which are capable of
instant and unquestionable demonstration as being well known
in the art.” While we agree with this statement, the fact is
that the examiner has been challenged and has not shown what
should be “capable of instant and unquestionable
demonstration.” If the alleged fact or facts is/are so
unquestionably demonstrable, the examiner should provide
evidence of the truth of his allegation.
Moreover, while claims 1 and 15 are very lengthy,
including many elements, the examiner has not specifically
pointed out what elements correspond to those shown by Kahlman
and of what elements the examiner takes Official Notice. For
example, the claims call for a “first” and “second” precoder
for coding certain types of information and specifically
converting the information into corresponding channel words
wherein the many elements of the claims are interconnected in
a specifically recited relationship with these precoders. It
is not clear what elements in Kahlman and/or Official Notice
the examiner relies on for the teaching of these claimed
elements and their interrelationships. In fact, the examiner
7–
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