Ex parte TOGASHI - Page 11




          Appeal No. 1998-2933                                                         
          Application 08/439,082                                                       

          ensure the activation of the system (Br9).  We do not find                   
          where the Examiner addresses this argument.  We find no                      
          express or implied teaching in Suman to use additional start                 
          bits or that additional start bits would ensure the activation               
          of the system.  It does not appear that the system in Suman is               
          "activated" in any way by the start bit and, thus, there is no               
          suggestion that adding bits will ensure activation.  The                     
          Examiner has not pointed to any knowledge in the art that                    
          increasing the number of start bits is desirable or necessary.               
               Appellant also argues that there is no other motivation                 
          to increase the number of start bits because this would                      
          unnecessarily increase the amount of information processed by                
          the receiver (Br9).  The Examiner states that this argument is               
          not persuasive because the amount of additional processing                   
          time is negligible to the user (EA11-12).  Even if the amount                
          of additional processing time is negligible, this does not                   
          amount to a positive teaching of increasing the number of                    
          start bits.                                                                  
               Because the combination of the APA and Suman does not                   
          suggest "idling information . . . composed of a plurality of                 
          digital bits" or that "said control unit detects a                           

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