Ex parte BOSSHART - Page 10




          Appeal No. 96-3054                                                          
          Application 08/134,147                                                      



                    Appellant argues that:                                            
                         [T]he two detectors of Koskowich’s circuit                   
               are not the same as those set forth in Claims 15 and                   
               16.  Thus, Claim 15 recites --a phase detector for                     
               detecting a phase difference between an input signal                   
               and said reference signal through multiple clock                       
               cycles, and for providing a first phase detector                       
               output signal representative of a detected phase                       
               difference less than a single cycle, and for                           
               providing a second phase detector output signal                        
               representative of a detected phase difference                          
               greater than a single cycle--(emphasis added).  By                     
               contrast, Koskowich teaches providing a single phase                   
               detector, combined with a frequency detector.                          
               Koskowich thus teaches away from the invention as                      
               set forth in Claim 15, as he teaches using a                           
               frequency detector to address the problem of cycle                     
               slipping.  Wong et al. is even less relevant than                      
               Koskowich.  There is no teaching nor suggestion in                     
               either Koskowich or Wong et al. of detecting phase                     
               differences greater than a single cycle, and                           
               providing a signal representative thereof so as to                     
               achieve the improved functionality provided by the                     
               invention set forth in claim 15.  (Brief, pages 13                     
               and 14, underlining added.)                                            
                    The Examiner responds that:                                       
               Koskowich’s phase detector is equivalent to the                        
               recited first phase detector, which is used to                         
               detect a phase difference less than a single cycle.                    
               Moreover, Koskowich’s frequency detector is actually                   
               a phase detector which detects a phase difference                      
               greater than a cycle, which is equivalent to the                       
               recited second phase detector.  (Answer, pages 14                      
               and 15.)                                                               
                    We agree with the Examiner that Koskowich’s phase                 

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