Appeal No. 1998-0640
Application 08/212,571
After consideration of the positions and arguments presented
by both the examiner and the appellants, we have concluded that
the rejection should not be sustained. We do not agree with the
examiner’s position at page 4 of the answer with respect to claims
1 and 10 that,
…it would have been obvious to one skilled
in the art to provide the method and the
apparatus for selecting a single sideband (the
upper sideband or lower sideband) from the
double sideband signal of the Puharich (‘246)
system, as taught by Smith, in order to reduce
a bandwidth for the transmitting signal. This
would save the frequency bandwidth in the
spectrum.
As noted by appellants, Puharich ‘246 does not pertain to a
communication system wherein modulated carrier signals are
transmitted from a transmitter to a receiver over the airwaves or
through wires. Puharich ‘246 discloses an electrotherapy method
wherein a modulated electrical signal is applied directly to the
patient. There is no need to reduce bandwidth in the ‘246 system
since it is not a communication system, and thus does not operate
under communication channel bandwidth limitations because it does
not compete with other signals for space in the available
electromagnetic frequency spectrum. Accordingly, one skilled in
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