Ex parte TATTERSALL - Page 5




           Appeal No. 1998-1903                                                                    
           Application No. 08/353,258                                                              


           Aleksander explains that both the binary code and the Gray                              
           code have problems with the Hamming distance, and, whereas the                          
           bar code overcomes Hamming distance problems, it is                                     
           inefficient and requires a large amount of input space.                                 
                 Each of independent claims 1, 12, 14, and 21 requires the                         
           code used for encoding to be redundant and the relationship of                          
           the input signal value Hamming distance to the input signal                             
           value distance to have a mean slope greater than 1.  Neither                            
           the binary code nor the Gray code is redundant, as recognized                           
           by the examiner (Final Rejection, page 4).  Nonetheless, the                            
           examiner  concludes (Final Rejection, pages 4-5), that a Gray                           
           code satisfies the claimed code, since a Gray code has the                              
           claimed "normalized Hamming distance to normalized signal                               
           distance relationship" and "is more efficient than the                                  
           redundant code."  The examiner further contends (Answer, page                           
           4) that "the redundant code as claimed does not patentably                              
           distinguish over the Gray code, and the invention would                                 
           perform equally well with the Gray code," since the redundant                           
           code does not "provide any improvement over the Gray code in                            
           the classification of input patterns."                                                  


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