Appeal No. 96-3372
Application No. 07/823,153
circuit [brief, pages 6-7]. Thus, appellants basically argue
that the timing of the voting and decoding in claim 8 is not
taught or suggested by the prior art applied by the examiner.
The examiner responds that Kikuchi’s voter circuit
takes a vote on a "bit-by-bit basis" and sends the results to
decoding circuits on a bit-by-bit basis [answer, pages 3-4].
Although Kikuchi does use the term "bit-by-bit basis"
[column 4, line 31], Kikuchi does not meet the language of
independent claim 8. The voting in Kikuchi is done on a bit-
by-bit basis but not until all of the data has been received
as argued by appellants. On the other hand, claim 8
specifically requires that the voting take place on a bit-wise
basis "during the fifth data block," that the first frame
correction information be created "during the first repeated
data block of a second frame," and that the correction circuit
receive the correction information "during the first repeated
data block of the second frame." Although the functions of
using 3/5 majority voting logic, decoding the voting result
and correcting the data are performed in some manner by the
prior art applied by the examiner, the functions are not
performed in the timing specifically required by independent
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