Appeal No. 97-3075
Application No. 08/201,846
form, it does appear clear that the multiplexer 9 is not a
decoder, per se, but rather, part of the entire system which
“decodes and selects.” The multiplexer’s main function is in
the “selecting,” which is clearly subsequent to the “decoding”
performed by detector 7. Accordingly, we will not sustain the
rejection of the claims under 35 U.S.C. § 112, first
paragraph, because we find no reasonable basis for the
examiner’s complaints regarding any inadequate written
description or enablement problems under 35 U.S.C. § 112,
first paragraph.
With regard to the rejection based on the second
paragraph of 35 U.S.C. § 112, the examiner makes two points.
First, the examiner contends that there is no antecedent
basis for “the sequence of latches represented by the decoded
digital phase signal.” We disagree with the examiner’s
assessment. Claim 1, for example, sets forth that a digital
phase signal is derived. Then, that digital phase signal is
decoded and a location represented by the decoded digital
phase signal is detected within the sequence of latches.
Thus, there appears to be an adequate antecedent basis for the
terms of the claims cited by the examiner. The examiner’s
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