Ex parte WOODS et al. - Page 9




          Appeal No. 1998-0818                                                        
          Application No. 08/319,143                                                  


          function . . ."  The term "non-continuous phase encoded                     
          filter" is not defined in the Appellants’ specification.                    
          However, on page 15 of the specification, the coding of the                 
          three phase encoded filters is described.  These filters code               
          frequency  in the range of -B to B into either one of two                   
          values, or one of three values (e.g., the frequency is encoded              
          into either a two or three-value discrete scale).  Thus, we                 
          find that the term "non-continuous phase encoded filter",                   
          means a filter which has discrete phase encoding, i.e., the                 
          filter does not have phase encoding across a continuous                     
          spectrum.                                                                   
               We consider Appellants’ assertions on page 5 of the Brief              
          that "Chen teaches away from Appellants’ pseudo deconvolution               
          method of employing an inexpensive SLM incapable of exact                   
          phase compensation and a simple encoded amplitude filter" to                
          be unsupported by the claims.  Appellants have not provided                 
          any showing of claim language which differentiates Appellants’              
          method of using "inexpensive SLM incapable of exact                         
          compensation" from Chen.  Further, we find that claim 13                    
          contains no limitations related to an SLM or the abilities of               
          it’s phase compensation.                                                    
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