Appeal No. 1997-1232
Application No. 08/182,035
Digital Data Sys., Inc.,
730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.), cert.
dismissed, 468 U.S. 1228 (1984); W.L. Gore and Assoc, Inc. v.
Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed.
Cir. 1983), cert. denied, 469 U.S. 851 (1984).
At page 3 of the Answer, the Examiner has attempted to
read the various limitations of the claims on the Weber
reference. In response, Appellant argues several alleged
distinctions over Weber including the contention (Brief, page
8) that, in contrast to the claimed invention where a
suitability assessment of detected maximum and minimum values
is performed periodically to assess suitability of the
detected information, Weber’s values, which are detected every
cycle, are utilized to update timing information without any
assessment of suitability.
Upon careful review of the Weber reference in light of
the arguments of record, we are in agreement with Appellant’s
stated position in the Briefs. In our view, Appellant is
correct in his assertion that Weber’s technique of setting a
sampling time as that time in which the magnitudes of the
quadrature components of a signal are equal requires no
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