Appeal No. 1999-1857
Application No. 08/579,156
is not persuasive, as with respect to claim 1. Furthermore, Scarpa does discuss that
the average error is zero and the phase is locked with the pulse train that comprises the
digitally converted signal being received. (See Scarpa at col. 8, lines 51-63.) Scarpa
also discloses the use of an average frequency error to control the VCXO 34 and to
change the frequency until the error is zero. (See Scarpa at col. 9, lines 24-36.)
Clearly, Scarpa desires to sample at the optimum time. Therefore, this argument is not
persuasive.
With respect to claims 11 and 16, appellant argues that the references do not teach
displaying a message if no signal is received. (See brief at page 14 and reply brief at
page 6.) The examiner maintains that the setting of bits in memory indicating the
evaluation of the presence or absence of an HDTV or NTSC signal corresponds to the
display means and step of displaying. While the examiner appears to stretch the
recordation of the state of the presence of the signals, we do agree with the examiner
that the mere display of a recorded status would have been obvious to skilled artisans
at the time of the invention, and we will sustain the rejection of claims 11 and 16 which
are grouped together.
CONCLUSION
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