Ex Parte KASPERKOVITZ et al - Page 5




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


             tuning frequency.  As shown in Gilmore, the tuning frequency and the stepped-                           
             frequency signal do have a relationship based on an adjustable integer frequency (the                   
             function of divider 122).  Since the output of Gilmore’s phase lock loop 114 (the output                
             of VCO 120), the tuning frequency, is directly related to the stepped-frequency signal                  
             input to the phase detector 116, it is fair to conclude that the tuning oscillator of Gilmore           
             is “synchronized” to the stepped-frequency signal to form a tuning frequency, as broadly                
             claimed.                                                                                                
                    Finally, appellants argue that Gilmore does not provide a tuning frequency                       
             having substantially uniform tuning steps, as required by the final paragraph of claim 1.               
             However, it appears to us, from Gilmore’s disclosure at column 6, lines 41-59,                          
             especially lines 47-48, that Gilmore, in providing for phase lock loop outputs of 200,                  
             210, 220, 230, ..., 390 and 400 MHZ, clearly provides for a tuning frequency having                     
             substantially uniform tuning steps, the uniformity being 10 MHz steps.                                  
                    We have granted appellants’ request for rehearing to the extent that we have                     
             reconsidered our decision in light of appellants’ arguments.  However, we deny the                      
             request with respect to making any changes in our decision.                                             








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