Ex Parte HOMILLER - Page 3




              Appeal No. 2001-0588                                                                                      
              Application No. 08/609,308                                                                                


                     Reference is made to the brief and answer for the respective positions of                          
              appellant and the examiner.                                                                               
                                                       OPINION                                                          
                     The examiner applies Hashimoto to the independent claim 1 as follows:                              
                     Hashimoto is said to disclose an intermediate frequency source comprising a                        
              VCO 11 tuned to generate a first output frequency F1' having a frequency fr, where the                    
              VCO 11 is frequency modulated by an audio waveform produced by a microphone, and                          
              a frequency prescaler 12 for receiving the first output frequency F1' and generating a                    
              second output frequency F1'/N, wherein N is greater than one.  The examiner also                          
              contends that Hashimoto discloses a loop (11, 12, 13, 14) producing F1' and mixing F1'                    
              in a mixer M1 with a second output frequency RF waveform f1.  While it is not clear                       
              what the examiner means by “However, for clarification said second output frequency                       
              being operable for mixing with a RF waveform” [Paper No. 15-page 3], we presume that                      
              the examiner is not certain that Hashimoto discloses the claimed limitation of “wherein                   
              said second output frequency is operable for mixing with an RF waveform” so the                           
              examiner relies on Cheah.  Cheah is cited as disclosing a low cost band transmitter with                  
              a frequency prescaler 4 for receiving a first output frequency and generating a second                    
              output frequency having a frequency value of f/N, wherein N is greater than one and the                   
              second frequency is operable for mixing 6 with a RF waveform 7.                                           



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