Appeal No. 96-1855
Application 07/953,807
successively inverting the phase for a pertinent tone.
Because Bassetti uses a phase placement pattern, simpler
Bassetti patterns (e.g. Figures 3B and 4E), even one that
could be interpreted as successively inverting the phase,
would merely automatically repeat the same phase pattern for
all tones, and not recognize or be triggered by any pertinent
tone. The Federal Circuit states that "Additionally, when
determining obviousness, the claimed invention should be
considered as a whole; there is no legally recognizable
'heart' of the invention." Para-Ordnance Mfg. v. SGS
Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237m
1239 (Fed. Cir. 1995), citing W. L. Gore & Assocs., Inc. v.
Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed.
Cir. 1983), cert. denied, 469 U.S. 851 (1984). For these
reasons, we will not sustain the rejection of claim 8, and
likewise claims 10 through 17 dependent therefrom.
We have not sustained the rejection of claims 1
through 8 and 10 through 17 under 35 U.S.C. § 103.
Accordingly, the Examiner's decision is reversed.
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