Appeal No. 1997-0795
Application 08/087,362
at 1087, 37 USPQ2d at 1239, citing W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721
F.2d at 1551, 1553, 220 USPQ at 311, 312-13. In addition, our reviewing court requires
the PTO to make specific findings on a suggestion to combine prior art references. In re
Dembiczak, 175 F.3d 994, 1000-01, 50 USPQ2d 1614, 1617-19 (Fed. Cir. 1999).
Drewery discloses in column 5, lines 57 through 61, that in accordance to their
invention, "the conflicting requirements are met by using a sampling frequency having a
mean value of 2f , but by perturbating its phase so that it has the spatial structure of a
sc
continuous frequency which has a half line-frequency offset." In column 5, lines 62 through
column 6, line 4, Drewery states by referring to Fig. 6 that the sampling sites are
horizontally interleaved on alternative lines by introducing a perturbation of one quarter of a
subcarrier period between each pair of lines.
However, we fail to find that Drewery suggests the modification as proposed by the
Examiner of switching carrier phase 180 at the ends of the scan lines with the modulating
carrier in a multiple of line frequencies, instead of between frames as taught by Smith.
Therefore we will not sustain the rejection of claims 35 through 39 and 52 through 55 under
35 U.S.C. § 103.
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