Appeal No. 96-0309
Application 08/135,370
a particular encoding, interleaving, deinterleaving or
decoding technique or apparatus. Thus the specific
circuitry need not be shown, so long as the necessary
cooperation is disclosed. . . .
Where coding and interleaving are old, well-known
processes, applicants submit that no further description
is required.
Appellants submit patents and refers to the article
Performance of Trellis Coded Modulation Using Multi-Frequency
Channels in Land Mobile Communications by Yukiyoshi Kamio, in
Proc. of IEEE VEH. TECH., May 1990, cited in the specification
to show that error correcting codes and
interleaving/deinterleaving were well known in the art
(Br7-8).
That the specification does not disclose a particular
encoding, interleaving, deinterleaving, or decoding technique
or apparatus does not constitute a lack of enablement where it
is apparent that any technique known in the art could be used.
As appellants point out, the "improvement" is the dispersion
of information, not these other functions. Appellants have
demonstrated with objective evidence that the structure for
performing encoding, interleaving, deinterleaving, and
decoding was well known in the art and, consequently, one
skilled in the art would have known how to make and use the
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