Ex Parte KASPERKOVITZ et al - Page 3




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


             of Gilmore’s phase-locked loop can affect the stepped-frequency signal.  We disagree                    
             with appellants as to the affect on the stepped-frequency signal because the stepped-                   
             frequency is input to the phase detector 116 and a tuning signal from divider 122 is also               
             input to the phase detector.  This tuning signal from divider 122 effects, within phase                 
             detector 116, a change in the stepped-frequency signal so that the output of the phase                  
             detector 116 may be considered an altered stepped-frequency signal.  The question,                      
             then, is whether that altered stepped-frequency signal is a signal which is the original                
             stepped-frequency signal which has been varied in step size, as required by the instant                 
             claim language.                                                                                         
                    It is appellants’ position that the phase detector does not vary the step size of the            
             stepped-frequency signal because the phase detector generates a direct-current output                   
             voltage which varies with the difference, in phase, between the applied stepped-                        
             frequency signal and the divided output of the VCO 120.  However, as is clear from                      
             Gilmore, the synthesizer output frequency is a function of the input reference (which is                
             the stepped-frequency signal input to the top of phase detector 116), the number of bits                
             in the frequency control signal and the DDS step size as determined by the frequency                    
             control signal (See the abstract of Gilmore).  As is further clear from Gilmore, (column                
             6, lines 56-59), the step size of the DDS driven phase lock loop varies with the divisor                





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