Appeal No. 1997-3850 Page 4
Application No. 08/355,973
Although the examiner relies on two documents to Birchler,
we consider both disclosures to constitute one merged document
as Birchler ‘590 incorporates by reference Birchler ‘582.
While the examiner is to be commended for citing and
applying very pertinent art in the outstanding rejection and
treating each of the recited claim limitations in the
explanation of the rejection, we simply do not agree that
certain claim limitations are taught, either expressly or under
the principles of inherency, by the Birchler disclosures and
the examiner has not persuaded us otherwise.
In the instant invention, a memory 61 contains the
coordinates of all samples which can be received except for
those of the optimal samples. Thus, the memory contains the
coordinates of the indicative samples. Each received sample is
compared to the contents of the memory and if the sample
received is an indicative sample, the comparator causes an
increment in erroneous sample counter 62. At the end of the
measuriing time, the content of this counter, representing the
number of erroneous samples counted, is input to a ratio
calculating means 63 which also receives the total number of
samples received from counter 64. The ratio of erroneous
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