Appeal No. 97-2892
Application No. 08/274,556
excerpt from Dixon neither teaches nor would have suggested to
one of ordinary skill in the art making the multipath problem
smaller via the specifically claimed method and apparatus.
With respect to the claimed number of PN chips per each
RW chip, the examiner has not provided evidence or a
convincing line of reasoning as to how “5-Mcps codes” in Dixon
translate into “16 PN chips per RW chip” (Answer, pages 6 and
7). In the absence of such evidence or reasoning, we disagree
with the examiner’s conclusion.
In summary, the examiner has not established a prima
facie case of obviousness.
DECISION
The decision of the examiner rejecting claims 1 through 3
under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS
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