Ex parte LE MOUEL et al. - Page 2




          Appeal No. 1997-1982                                                        
          Application No. 08/483,886                                                  


          relative phase between two propagation modes according to a                 
          bit error rate evaluated before error correction decoding.                  
          Claim 1 is illustrative of the claimed invention, and it reads              
          as follows:                                                                 
               1.   A signal transmission performance optimization                    
          device in a system for transmitting digital data, especially                
          on an optical link, wherein an optical carrier propagates                   
          according to two propagation modes, comprising:                             
               a send end unit,                                                       
               a receive end unit,                                                    
               an error correcting decoder localized in said receive end              
          unit, and cooperating with an error correcting coder localized              
          in said send end unit,                                                      
               means for evaluating a bit error rate at said receive end              
          unit before error correcting decoding; and                                  
               control means for controlling a relative phase between                 
          two propagation modes transmitted via said optical link for at              
          least one of said send end unit and said receive end unit                   
          according to an evaluated bit error rate and according to an                
          error correcting code employed in said error correcting coder,              
          wherein said relative phase between said two propagation modes              
          is continuously optimized to prevent the bit error rate at an               
          output of said error correcting decoder from exceeding a                    
          maximum bit error rate specified for said system.                           
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:1                              

               We note that the examiner lists LaRosa, U.S. Patent No. 5,323,421,1                                                                     
          Harmon, U.S. Patent No. 4,328,581, and Fukasawa, European Patent Application
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