Ex parte SATO et al. - Page 5




          Appeal No. 1998-0598                                                        
          Application No. 08/278,864                                                  


          5 through 11 is reversed.                                                   
               Shimpuku discloses a maximum likelihood decoding                       
          apparatus (Figures 4 and 5) in which the output of the                      
          synchronization detecting circuit 27 inputs both a symbol                   
          concluding unit 29 and a viterbi decoding unit 30.  According               
          to the examiner (paper number 11, pages 2 and 3), Shimpuku                  
          discloses all of the limitations of claim 1 except for the                  
          partial response encoder.                                                   
          For such a teaching, the examiner turns to Kanota (Figure 5),               
          and states (paper number 11, page 3) that “[i]t would have                  
          been obvious to one of ordinary skill in the art at the same                
          time the invention was disclosed to modify the teachings of                 
          Shimpuku et al. to include the teachings of Kanota et al.,                  
          motivation being to carry out channel coding satisfactorily                 
          and to efficiently suppress data redundancy.”                               
               Appellants argue (Brief, page 12) that “Shimpuku and                   
          Kanota fail to suggest any type of means for modeling an                    
          impulse response and furthermore fail to suggest means for                  
          modeling an impulse response ‘based on the synchronizing                    
          signal data part.’”                                                         
               We agree with appellants’ argument.  Even if we assume                 
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