Ex parte FARGUES et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      

               The opinion in support of the decision being entered today (1) was     
               not written for publication in a law journal and (2) is not binding    
               precedent of the Board.                                                
                                                                Paper No. 24          
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                       Ex parte ALAIN FARGUES and MANI KIMIAVI                        
                                     ____________                                     
                                 Appeal No. 1997-3850                                 
                              Application No. 08/355,973                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before HAIRSTON, KRASS, and LALL, Administrative Patent Judges.             
          KRASS, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the final rejection of               
          claims 1, 5, 6, 10 and 11.  Claims 2 through 4, 7 through 9 and             
          12 have been indicated by the examiner as being drawn to                    
          allowable subject matter and are not before us on appeal.                   
               The invention pertains to digital signal transmission                  
          systems.  More particularly, the determination of energy per                
          bit to noise spectral density ratio (Eb/No), a measure of                   






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