Ex parte PIGNARD et al. - Page 10




          Appeal No. 1997-1190                                                        
          Application No. 08/427,972                                                  


          and program the necessary hardware to obtain the claimed                    
          signal synchronization.  The examiner has not articulated a                 
          reasonable explanation of why the scope of protection provided              
          by the rejected claims is not adequately enabled by the                     
          disclosure.                                                                 
               For the above reasons, we will not sustain the examiner's              
          rejection of claims 1 through 11, 13, 14 and 16 through 29                  
          under 35 U.S.C. § 112, first paragraph, as being directed to a              
          non-enabling disclosure.                                                    


            The Rejection of Claims 1, 2, 4, 5, 9 and 10 under 35 U.S.C.              
                       § 102(b) as being anticipated by Bseisu                        
               The § 102 rejection rests, at least in part, on the                    
          examiner’s determination that Bseisu meets the limitations in               
          independent claims 1 and 10 relating to the synchronized                    
          acquisition of measuring signals (see, for example, pages 10                
          and 11 in the supplemental answer).  In this regard, claim 1                
          requires the claimed processing installation to comprise                    
          "means for processing of said measurement signals so that                   
          acquiring of said measurement signals from said first and                   



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