Appeal No. 97-3075
Application No. 08/201,846
multiplexer (element 9 in Figure 1) can be a decoder, with the
examiner concluding that it cannot. It is true that the
multiplexer is not a “decoder,” per se. However, the
multiplexer is part of a combination of elements shown in
Figure 1 which comprise the “decoding” and “selecting” means.
As explained by appellants, at the bottom of page 3 of the
first reply brief (Paper No. 15), the multiplexer 9 performs
the selecting function, passing on the selected samples from
register 5 to the elastic buffer 10, under the control of a
signal passed to the multiplexer from frame selector 24, i.e.,
multiplexer 9 appears to act as a gate. This selecting
function is clearly subsequent to the “decoding” of the
digital phase signal performed by phase detector 7.
The examiner takes the position that since the claims
call for decoding the digital phase signal and then detecting
the location... and selecting ... and Figure 1 shows the
multiplexer 9, which is supposed to be performing the
decoding, downstream of the phase detector, which is supposed
to be performing the detecting, something is amiss. We think
the examiner misconstrues the claimed invention as it relates
to the disclosure. While the claims are not in the finest
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