Ex Parte HAN - Page 3




              Appeal No. 1999-1857                                                                                     
              Application No. 08/579,156                                                                               


              Citta                              5,283,653                         Feb. 1, 1994                        
              Scarpa                             5,388,127                         Feb. 7, 1995                        

              Claims 1-9 and 11-16 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Citta in view of Scarpa.                                                                            
              Rather than reiterate the conflicting viewpoints advanced by the examiner and the                        
              appellant regarding the above-noted rejections, we make reference to the examiner's                      
              answer (Paper No. 13, mailed Feb. 3, 1999) for the examiner's reasoning in support of                    
              the rejections, and to the appellant's brief (Paper No. 11, filed Oct. 19, 1998) and reply               
              brief (Paper No. 14, filed Apr. 5, 1999) for the appellant's arguments thereagainst.                     


                                                      OPINION                                                          
              In reaching our decision in this appeal, we have given careful consideration to the                      
              appellant's specification and claims, to the applied prior art references, and to the                    
              respective positions articulated by the appellant and the examiner.  As a consequence                    
              of our review, we make the determinations which follow.                                                  
              Appellant argues that the frequency control signal output by the timing recovery                         
              circuit in Scarpa is not related to the symbol timing lock signal.  (See brief at page 6.)               






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