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, 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007