Appeal No. 1996-3081
Application No. 08/156,544
position has “a predetermined temporal relationship” to the
first bit positions in data words 2 and 3. Thereafter, “a
bitwise majority vote is performed on the three words” (column
2, lines 16 through 19; Figure 3B). After the “two-out-of-
three majority vote is performed on the three stored words”
(column 4, lines 22 through 24; Figure 3B), an error corrected
word or “reconstructed signal” (Figure 5) is generated when
“the logic state of each of the sampled portions is forced to
correspond to the determined logic state of the majority
decision in the step of comparing.”
In summary, the 35 U.S.C. § 103 rejection of claims 7 and
26 is sustained based upon the teachings of Dillon considered
alone. In affirming a multiple reference rejection under 35
U.S.C.
§ 103, the Board may rely on one reference alone in an
obviousness rationale without designating it as a new ground
of rejection. In re Bush, 296 F.2d 491, 496, 131 USPQ 263,
266-67 (CCPA 1961); In re Boyer, 363 F.2d 455, 458, n.2, 150
USPQ 441, 444, n.2 (CCPA 1966). The 35 U.S.C. § 103 rejection
of claims 9 through 11 and 28 through 31 is likewise sustained
because of appellant’s grouping of the claims (Brief, page 3).
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