Ex parte WEBB - Page 6

          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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