Appeal No. 1997-3850 Page 8
Application No. 08/355,973
With regard to the counting limitations in the claims, the
examiner contends that a receiver “inherently counts the number
of erroneous signal [sic] from the total received signal”
[answer-page 5]. While counting and coordinates, per se, may
be “well known,” that is not a sufficient reason for concluding
that the instant claimed subject matter is anticipated by
Birchler. We find no teaching in either of the Birchler
references of employing a counter and a coordinate system in a
constellation as recited by instant claims 1 and 11.
Accordingly, Birchler cannot anticipate the instant claimed
invention.
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