Ex parte WOODS et al. - Page 14




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


          suggestion to use the specific filters of paragraphs (b) and                
          (d) of the claims.                                                          
               On page 5 of the Answer, the Examiner takes the Official               
          Notice, "that synthesis of a complex-valued inverse filter by               
          the tandem arrangement of an amplitude-encoded transparency                 
          with a binary-phase encoded transparency has been known for                 
          decades.  Notably, restriction of the phase levels to values                
          of 0 and B radians causes the complex filter variables to be                
          real-valued everywhere during the computation."  Further, with              
          respect to claim 14, the Examiner states "the selection of any              
          particular transmissivity would have been a rather obvious                  
          matter of adapting the amplitude-encoded mask to the                        
          distortion of the particular optical channel in use."                       
               We find that the scope of claims 11 and 12 includes that               
          the phase encoded filter is only one of a binary coded filter,              
          ternary phase coded filter, and an amplitude coded filter                   
          having a shifted distortion function.  This scope is shown in               
          the following language common to claims 11 and 13, paragraph                
          (b): "a phase encoded filter having the form selected from the              
          group consisting essentially of a binary coded filter, a                    
          ternary phase coded filter, and an amplitude coded filter                   
                                         14                                           





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