Ex parte PRZYBYLA et al. - Page 7




          Appeal No. 96-3205                                                          
          Application No. 08/157,198                                                  


          response to a start bit, step d) of the claim clearly recites               
          a monitoring rate sufficiently high so that receipt of an                   
          information entity is “immediately detected during receipt of               
          said start bit” [emphasis ours].                                            
               We find no teaching or suggestion of such a limitation in              
          Ryckeboer.  The indication by Ryckeboer [column 4, lines 32-                
          35] that a “sampling rate is set at a higher frequency to make              
          sure that the synchronization is adequate during the                        
          transmission of one character” clearly does not suggest a                   
          “monitoring rate sufficiently high so that receipt of one of                
          said information entities is immediately detected during                    
          receipt of said start bit,” as claimed.                                     
               Accordingly, we will not sustain the rejection of claims               
          51 through 62 under 35 U.S.C. 103.  The references to Tanaka,               
          Metcalfe and Botzenhardt, applied by the examiner for certain               
          features in various dependent claims, do not provide for the                
          deficiency of Ryckeboer noted supra.                                        
               The examiner’s decision is reversed.                                   




                                      REVERSED                                        
                                          7                                           





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