Ex parte BODIN et al. - Page 5




          Appeal No. 97-2758                                         Page 5           
          Application No. 07/859,962                                                  


               While the examiner contends that there is no disclosure                
          of any particular device for performing the claimed method, it              
          is not necessary to disclose such a device if it is otherwise               
          clear that the skilled artisan would have known how to achieve              
          the claimed subject matter.  As is clear from the Bakhuizen                 
          declaration and the articles referred to therein, the skilled               
          artisan clearly knew how to add an offset (as per Figure 2 of               
          the instant disclosure)  in the extended conventional                       
          transmission mode.  Therefore, it does not appear to us that                
          it would have been any burden on the artisan to modify the                  
          offset so as to provide an offset as shown in Figure 3 of the               
          instant disclosure.                                                         
               With regard to the examiner’s perception of a                          
          synchronization problem, we agree with appellants that such a               
          perceived problem appears to be non-existent since the                      
          invention, as disclosed and claimed, merely requires an                     
          additional offset the provision of which the skilled artisan,               
          once directed to provide for such, would have been quite                    
          familiar.  We are unconvinced of any synchronization problem                
          occurring as a result of this additional offset.                            









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