Appeal No. 1998-1105 Page 10
Application No. 08/300,599
Despite this teaching, the examiner alleges, "'frequency'
and 'rate' are essentially the same ...." (Examiner's Answer
at 7.) The prior art belies the allegation. A frequency is a
"rate of signal oscillation in hertz." Jerry M. Rosenberg,
Dictionary of Computers, Information Processing, and
Telecommunications 249 (2d ed. 1987) (copy attached).
In contrast, a baud is "a unit of signaling speed equal
to the number of discrete conditions or signal events per
second," Rosenberg, at 50 (copy attached); a baud rate is
"the transmission rate that is in effect synonymous with
signal events, usually bits per second." (Id.) Accordingly,
the claimed transmission or baud rate is a rate of signal
events per second. Comparison of these definitions evidences
that the carrier frequency varied in Baker is distinct from
the transmission rate varied in the claims. Baker evidences
the distinction by referring to the turning on or off of the
carrier frequency during a bit time interval, col. 3, ll. 50-
54, which are discrete signal events. The examiner fails to
allege, let alone show, that Clark and Sargeant remedy the
defects of Baker.
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