Ex Parte KASPERKOVITZ et al - Page 2




             Appeal No. 2001-0583                                                                                    
             Application No. 09/039,348                                                                              


             of the request for rehearing, then the stepped-frequency signal, produced at the output                 
             of either filter 110 or optional divider 112, is not the output of the frequency synthesis              
             circuit, since phase detector 116 becomes the last element in the frequency synthesis                   
             circuit and the phase detector does not output the stepped-frequency signal.  Rather,                   
             the stepped-frequency signal is the top input to the phase detector 116.                                
                    While we agree with the notion that the stepped-up frequency of the redrawn                      
             Gilmore figure is still the top input to the phase detector 116, the claim language of                  
             interest recites “a frequency-synthesis circuit for generating a stepped-frequency signal               
             having a frequency varying in steps with a step size.”  This does not require the “final                
             element” of the frequency-synthesis circuit generate the stepped-frequency, as                          
             contended by appellants.  The stepped-frequency signal is still generated by the                        
             frequency-synthesis circuit of Gilmore.  It is generated at the output of either filter 110             
             or optional divider 112.  It is of no moment that the stepped-frequency signal is then                  
             applied to a further element, such as phase detector 116.                                               
                    Appellants next contend that the frequency-synthesis circuit of Gilmore does not                 
             comprise means for varying the step size of the stepped frequency signal in                             
             dependence on the adjustable integer frequency relationship, as claimed.  As                            
             appellants urge, nothing that takes place in the VCO, phase detector, or other elements                 





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