Appeal No. 95-1901
Application 08/088,397
second bit interval of the biphase start bit is equal to the bit
period of the other biphase bits. We agree that Milheiser
teaches in column 6, lines 16-42, that the sync consists of 4 bit
periods of preamble information followed by a low level for one
and a half bit periods, but we fail to find any suggestion of
providing a biphase start bit having a second bit interval that
is equal to the bit period of the other biphase bits. Similarly,
we fail to find that Setoguchi or Aggers supply any suggestion or
teaching to modify Milheiser to provide a biphase start bit
having a second bit interval that is equal to the bit period of
the other biphase bits.
The Federal Circuit states that "[t]he mere fact that the
prior art may be modified in the manner suggested by the Examiner
does not make the modification obvious unless the prior art
suggested the desirability of the modification." In re Fritch,
972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984).
We agree that Milheiser teaches a synchronization word
having bits of different frequency than the other bits, but the
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