Appeal No. 2000-1461
Application No. 08/716,905
narrowband swept tone and requires many individual measurements to obtain the final result
sought by Tarantino [principal brief-page 6].
Finally, appellant contends that Kroeger does not involve any measurements of
system distortion but only transmits and receives data through a satellite communications
network, with no suggestion of “anything approaching the measuring of distortion in RF
transponders, let alone in the field set out in applicant’s claims” [principal brief-page 9].
We will reverse as we do not find that the examiner has made out a sufficient case of
obviousness of the instant claimed subject matter.
We do agree with the examiner that appellant’s arguments that neither Thomas nor
Tarantino discloses a wideband modulated signal are unpersuasive because the rejection
relied on Kroeger for a teaching of transmitting and receiving wideband signals.
However, as pointed out by appellant [reply brief-page 2], Kroeger may disclose a
wideband communication system but “it is simply a system for transmitting and receiving
outbound and inbound data signals through a satellite communications network. It does not
in any way speak in terms of measurements and characterization of the signal
measurements. It does not speak in terms of ‘measuring distortion in satellite RF
transponders operated at or near saturation...’ as is recited in appellant’s claims 1 and 2.
Thus, it is not in the same field of endeavor.”
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