Appeal No. 2002-0489
Application 08/831,731
The issue involves the language "to simulate an external
burst gate signal for enveloping a color burst" 3 and the effect
of the "wherein" clauses. The examiner finds that Fig. 19 shows
the horizontal sync output signal HS enveloping the color burst
signal and being asserted before the color burst and being
deasserted after the color burst and, therefore, simulates a
burst gate signal (FR4-5). Since appellant's Fig. 9 is clearly a
copy of curves in Fig. 19 of Philips with the labels removed or
changed, and shows the color burst enveloped by the horizontal
sync pulse HS in the same way as Fig. 19, the examiner makes a
prima facie case of anticipation.
Appellant argues that the HS signal in Philips is not an
"external burst gate signal" because it does not have a suitable
width to lock onto the color burst, Philips does not disclose
simulating an external burst gate signal for enveloping a color
burst, and the fact that the HS signal starts before the color
burst and ends after the color burst does not make it a burst
gate signal (Br11-12). It is argued that "[a]ny described
programmable functionality in Philips of the HS signal alone
fails to anticipate the specific claimed subject matter of
programming the horizontal sync pulse to simulate an external
burst gate signal for enveloping a color burst" (Br11-12).
3 See footnote 2.
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