Ex Parte UEDA - Page 3




          Appeal No. 2001-2005                                                        
          Application 08/893,024                                                      


          information "indicating a phase-shift of a subcarrier of said               
          digital video signal."                                                      
               The arguments presented by appellant in the brief and reply            
          brief do not argue against the combinability of Oguro and                   
          Montgomery within 35 U.S.C. § 103.  Moreover, we agree with the             
          examiner's understanding that Oguro teaches everything of                   
          representative claim 10 on appeal except for the disputed feature           
          noted earlier.  Based upon our study of the examiner's positions            
          with respect to Montgomery in the final rejection, the advisory             
          action and the answer, we conclude that there is no teaching or             
          suggestion of the disputed feature within this reference.                   
               Based upon our study of each of the portions urged by the              
          examiner as teaching or suggesting the disputed feature, we                 
          conclude that there is no such teaching or suggestion.  The                 
          discussion referenced by the examiner at column 5 (and we note              
          the bottom of column 8) of this reference does recognize a known            
          phase relationship between a data carrier with a color frame as             
          to the first embodiment of the transmitter in Figure 1 of this              
          reference.  Yet, this feature alone does not come close to                  
          indicating a phase-shift of a subcarrier in association with                
          color field information coded for digital video information.                
          The examiner's reference to the phase synch markers at column 10,           

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