Appeal No. 95-4207
Application 08/073,442
a similar plurality of channels formatting and broadcasting
digitized program data in a spread spectrum, time and
frequency hopping waveform format. Inasmuch as Noreen’s only
teaching that we are aware of and brought to our attention by
the examiner of the spread spectrum modulator approach for
data is in Noreen’s claim 11 at the end of column 16, we
cannot conclude within 35 U.S.C. § 102 that the spread
spectrum features of independent claims 1 and 11 on appeal are
also met.
We also reverse the rejection of claims 1 and 11 on
appeal because the synchronization that is achieved in Noreen
is achieved only by the data processing and control unit 223
in Figures 2 and 3B which is discussed at column 8, line 60
through column 9, line 20. There is no discussion at this
location or any other figure or column in Noreen that we are
aware of that relates to the synchronization of channels of a
re-broadcast capability with broadcasts from the master
station (such as broadcast station 115 in Figure 1) “such that
a mobile receiver traveling between edges of reception of two
or more low power range extension DAB radio broadcast stations
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