Ex Parte TETRICK - Page 5



          Appeal No. 2004-0442                                                        
          Application No. 09/222,953                                                  

               Appellant further argues (Brief, page 8), regarding claim 6,           
          that Ono fails to disclose a processor as claimed.  Specifically,           
          appellant contends (Brief, pages 8-9) that Ono discloses a PSK              
          demodulator rather than a processor and that Ono "does not                  
          measure the moving average of a value relating to the operation             
          of the demodulator."  We disagree.  Ono discloses (column 1,                
          lines 7-10) that the invention "relates to a circuit for                    
          computing a moving average value of data in digital signal                  
          processing."  Thus, Ono discloses calculating a moving average of           
          a value in a digital signal processor.  Nonetheless, as indicated           
          supra, Ono fails to disclose the claimed register, and therefore            
          fails to anticipate claim 6.                                                
               Regarding claims 4, 9, and 20, appellant argues (Brief,                
          page 9) that Ono fails to meet the claimed limitation that the              
          first output signal has the same number of bits as the data                 
          sample.  The examiner responds (Answer, page 7) that Ono "clearly           
          shows in figure 3 the moving average signal (D0) having the same            
          number of bit of data sample (8 bits)."  The first output signal,           
          however, as recited in claims 1, 6, and 17 from which claims 4,             
          9, and 20 depend, respectively, is what is added to the                     
          subtraction result.  In Ono (column 5, lines 6-15) the                      
          subtraction data D1 is added by an adder to accumulation data D3.           
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