Appeal No. 97-1408
Application No. 08/210,979
rectangular wave signal phase modulated by a series
resonant circuit and the phase modulation angle.
(See col. 6, lines 25-54.) Both quantities are
irrelavant to the claimed invention and the graph of
their relationship suggests nothing about using a
state variable having a monotonically decreasing
phase-frequency characteristic, as in the claimed
invention.
For the above-stated reasons . . . ,
Appellant[s] respectfully asserts [sic, assert] that
the claimed invention is new and non-obvious in
light of the references of record . . . .
We agree. Even if we assume for the sake of argument
that it would have been obvious to one of ordinary skill in
the art to combine the teachings of the references in the
manner suggested by the examiner, the combined teachings of
the references would still lack all of the claimed method
steps and all of the claimed device elements. Thus, the
obviousness rejection of claims 1 through 18 is reversed.
The decision of the examiner rejecting claims 1 through
18 under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
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