Ex parte WEBB - Page 7




          Appeal No. 1997-1232                                                        
          Application No. 08/182,035                                                  


          assessment of suitability.  The determination by Weber of the               
          points of intersection of the quadrature component curves,                  
          i.e. the point at which the magnitudes of the amplitudes are                
          equal, produces meaningful timing information every cycle                   
          obviating the need to assess the suitability of the                         
          information as presently claimed.  Since all of the claimed                 
          limitations are not disclosed by Weber, it is our opinion that              
          the Examiner’s 35 U.S.C.  102(b) rejection based on Weber is               
          not well founded.                                                           
               Turning to a consideration of the 35 U.S.C.  102(e)                   
          rejection of claims 1, 2, and 23 based on Carmon, we find                   
          Appellant’s arguments to be equally persuasive.  We agree with              
          Appellant’s assertion (Reply Brief, page 3) that the method                 
          described by Carmon determines only whether a timing advance                
          or delay is required but does not detect a maximum or minimum               
          value as required by the language of independent claim 1.  In               
          our view, Carmon’s method, described in particular at columns               
          8 and 9, utilizes an algorithm which enables a determination                
          as to whether maximum or minimum peaks fall between two                     
          sampling points on a curve but has no disclosure related to                 
          the actual detection of the values of those peaks.  Similarly,              
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