Ex parte OUDEN - Page 6




          Appeal No. 1996-3619                                                        
          Application No. 08/397,021                                                  


          not to frequency adjustment to a predetermined value, as in                 
          the claims on appeal.  After careful review of the Kraus                    
          reference in light of the arguments of record, however, we are              
          in agreement with the Examiner’s position as stated in the                  
          Answer.  As pointed out by the Examiner (Answer, pages 3 and                
          4), Kraus (at column 3, lines 9-18 and in claim 4) provides a               
          clear disclosure of the adjustment of oscillator frequency.                 
               We further find Appellant’s contention that Kraus                      
          provides no oscillator frequency adjustment to a desired                    
          predetermined value to be unfounded.  In taking this position,              
          Appellant refers to column 10, lines 10-21 of Kraus which is                
          part of a description of the embodiment illustrated in Figure               
          3.  In Appellant’s interpretation, Kraus is suggesting                      
          frequency adjustment of the oscillator to achieve a desired                 
          phase relationship and not to reach a predetermined desired                 
          frequency value.  We do not agree.  In our view, in the very                
          excerpt from Krause cited by Appellant, i.e. column 10, lines               
          10-21), we find a clear suggestion to adjust the frequency of               
          oscillator 10 to achieve a desired value.  Since the                        
          description of the circuitry of Figure 3 of Krause is directed              
          to the embodiment in which the oscillator 10 is locked on to                
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