Appeal No. 1997-1982
Application No. 08/483,886
control a relative phase between two transmitted propagation
modes, as recited in claim 1.
Lastly, the examiner equates Heichler's comparisons of
error signals to a threshold value with the claimed
maintenance of a bit error rate below a maximum value.
However, as pointed out by appellants (Reply Brief, page 5),
Heichler's differential metric of a convolution code signal
does not correspond to a bit error rate. Thus, Heichler's
production of error signals based on a comparison of the
differential metric with a threshold value does not meet the
claimed maintenance of the bit error rate at the output of the
decoder below a maximum bit error rate specified for the
system.
In view of the above-noted deficiencies of Heichler, the
examiner has not established a prima facie case of
obviousness. Consequently, we cannot sustain the rejection of
claim 1, nor any of its dependents, namely claims 2 and 4
through 7.
7
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