Ex parte DENT - Page 3




          Appeal No. 1996-0452                                                        
          Application 07/790,618                                                      



          pulse code modulation decoder to the high value of said                     
          predetermined pulse code modulation value range;                            
               a combiner connected to the outputs of said first,                     
          second, and third comparators for producing a single pulse                  
          train output having a pulse rate indicative of the frequency                
          of aberrant data reception; and                                             
               filtering means connected to the output of said combiner               
          for producing an integrated filtered pulse train output                     
          signal.                                                                     

               The following references are relied on by the examiner:                
          Fortuna et al. (Fortuna)           3,810,020           May  7,              
          1974                                                                        
          Jackson                       4,968,902           Nov. 6, 1990              
               Claims 22 through 26 and 28 stand rejected under 35                    
          U.S.C.                                                                      
          § 103.  As evidence of obviousness, the examiner relies upon                
          Fortuna in view of Jackson.                                                 
               Rather than repeat the positions of the appellant and the              
          examiner, reference is made to the brief and the answer for                 
          respective details thereof.                                                 


                                       OPINION                                        
               We reverse since the examiner has not set forth a prima                
          facie case of obviousness within 35 U.S.C. § 103.                           
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