Ex Parte HAN - Page 7




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


              and “determine[s]” and how the system would do this to produce a lock signal.                            
              Therefore, this argument is not persuasive.                                                              
              Appellant argues that the examiner’s analysis is deficient.  We disagree.  Rather,                       
              appellant’s arguments clearly go into much greater detail that the language of claim 1                   
              supports.  Therefore, appellant’s arguments are not supported by the express language                    
              of the claims and are not persuasive.  Since appellant has not rebutted the examiner’s                   
              rejection, we will sustain the rejection of claim 1.  Since appellant has not separately                 
              argued the rejections of claims 2-5, 8, 9, and 12-15, we will similarly sustain the                      
              rejection of these claims.                                                                               
              With respect to claim 6, appellant argues that the operational characteristics of the                    
              loop filter in claim 6 are not taught by the combination of Citta and Scarpa.  (See brief at             
              page 11 and reply brief at pages 4-5.)  We agree with appellant.  The examiner goes                      
              through a lengthy analysis of the characteristics but does not arrive at the same                        
              equations.  Furthermore, the examiner does not provide a convincing line of reasoning                    
              why one skilled in the art would have desired the use of the characteristics, as claimed.                
              Therefore, the examiner’s rationale is not persuasive, and we cannot sustain the                         
              rejection of dependent claim 6.                                                                          
              With respect to claim 7, appellant relies upon the argument that the combination of                      
              Citta and Scarpa does not teach or suggest the symbol timing lock signal as argued                       
              with respect to claim 1.  (See reply brief at page 6 and brief at page 12.)  This argument               

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