Ex parte FREEMAN - Page 6




         Appeal No. 20000-0717                                                     
         Application 08/906,676                                                    


         tracking filter in the intermediate frequency (IF) stage of a             
         frequency modulation (FM) receiver, the use of a divider would            
         be “counter-productive” [brief-page 8] since Rogers’ tracking             
         filter involves the rapid tracking of continuously frequency-             
         varying input signals, the frequency variation being                      
         independent of the system in which the filter is used.                    
              The examiner’s response, unconvincing to us, is to merely            
         contend that Rogers does not employ a frequency divider                   
         because the frequency of the input signal from source 30 is               
         matched                                                                   
         with the operating frequency of the tunable band pass filter              
         30 and so the use of a frequency divider for matching the                 
         input                                                                     
         frequency to the operating frequency of the tunable band pass             


         filter is considered to be a matter of design expedient for an            
         engineer.                                                                 
              Taking independent claim 1 as exemplary, and applying                
         Rogers’ disclosure, at Figure 2, thereto, we find that Rogers             
         does, indeed, disclose a phase locked filter comprising a                 


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