Ex parte RAPELI - Page 7




              Appeal No. 97-0780                                                                                           
              Application 08/330,265                                                                                       



              Accordingly, we do not sustain the rejection of claim 19 or claim 20 which depends                           
              therefrom.                                                                                                   
                     With respect to independent claim 11, the examiner asserts that the artisan would                     
              have found it obvious to “read out store receive signal after a delay at different frequency to              
              simulate time delay spread signal because the receive signal introduced into by a fading                     
              profile such as time delay spread and Doppler spread would simulate the effect of fading                     
              channel [sic]” [answer, page 4].  Appellant basically argues that Argo would not have                        
              suggested the invention as recited in claim 11 [brief, pages 8-9].                                           
                     We note that independent claim 11 is substantially broader than independent                           

              claims 1 and 19.  Claim 11 does not define any relationship between the parameters t , f    di  w            
              and f .  In other words, claim 11 only recites that samples are written into memory at a                     
                   Ri                                                                                                      
              write frequency f , samples are read from memory at a read frequency f , and that thew                                                      Ri                              
              reading takes place at a time t  after the writing.  Claim 11 does not preclude the read and                 
                                              di                                                                           
              write frequencies from being the same or from differing in any random way.                                   
                     We are of the view that the invention as broadly recited in claim 11 is suggested by                  
              the tapped delay line simulator described in Argo or shown in appellant’s admitted prior art                 
              [Figure 3].  First, we note that a tapped delay line was conventionally known to operate as                  





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