Ex parte WEBB - Page 12




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


               While I agree that Appellant's disclosure provides a                   
          preferred embodiment in which the maximum or minimum value is               
          detected by determining the actual value of the maximum or                  
          minimum, the prior art teaches other possible ways in which                 
          the maximum and minimum signal is detected without actually                 
          determining the actual value of the maximum or minimum.                     
          Carmon teaches in column 8, lines 28 through 64, a method in                
          which the maximum or minimum signal value is detected by                    
          determining the sign of the second order derivative of these                
          signals evaluated at the input sample points.  A positive sign              
          corresponds to a place near a local minimum, a negative sign                
          corresponds to a place near a local maximum.  Carmon teaches                
          that by careful consideration of these signs of the input                   
          sample point, it is possible to detect the actual maximum or                
          minimum signal value.  Carmon further teaches in detail in                  
          column 8, line 64 through column 12, line 8, the mathematics                
          of this method of using a sign of the second order derivatives              
          to detect the maximum and minimum signal values.                            
               Because Appellant's claim 1 does not preclude methods in               
          which the maximum and minimum signal value can be detected                  
          without actually determining the value itself, I would affirm               
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