Ex parte RAPELI - Page 8




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



                                                                           2                                                                                        
                   a memory means as recited in claim 11 .  Second, the data in a tapped delay line is                                                              
                   written into the memory before it is read from the memory so that there is some time t  as                                                       
                                                                                                                                             di                     
                   recited in claim 11.  Finally, when such delay lines are implemented in a digital fashion                                                        
                   such as by a shift register, data is clocked into the tapped delay line at some frequency                                                        
                   (the write frequency) and read from the delay line at some frequency (the read frequency).                                                       
                   Since claim 11 places no restrictions on the relationship of the time delay, write frequency                                                     
                   and read frequency, the tapped delay line of Argo (and appellant’s admitted prior art) when                                                      
                   implemented as a conventional digital shift register would have suggested the invention as                                                       
                   broadly recited in claim 11.  Therefore, we sustain the examiner’s rejection of independent                                                      
                   claim 11.                                                                                                                                        
                            With respect to dependent claim 12, the examiner simply asserts that Argo implies                                                       
                   a frequency down conversion process [answer, page 4].  We have been unable to find                                                               
                   such a teaching or suggestion in Argo.  Therefore, we do not sustain the rejection of claim                                                      
                   12 or of claims 13 and 16 which depend from claim 12.  With respect to dependent claims                                                          
                   14, 15, 17 and 18, appellant simply asserts that these claims add limitations to claim 11                                                        
                   [brief, page 12].  Such an assertion is insufficient to have the claims considered separately                                                    
                   for patentability.  Since we have sustained the examiner’s rejection of independent claim                                                        

                            2See, for example, The New IEEE Standard Dictionary of Electrical and                                                                   
                   Electronics Terms, Fifth Edition, Copyright 1993 by IEEE, Inc., page 323 [copy attached to                                                       
                   this decision].                                                                                                                                  
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