Ex parte BOLGIANO et al. - Page 5




          Appeal No. 1998-2992                                                        
          Application No. 08/539,276                                                  


          via cable 132 by delay element 150 for one chip duration                    
          (column 9, lines 11 through 28).                                            
               Dean never compares the time duration of “one chip                     
          duration” to the time period needed to transmit the noted                   
          signal.  Without a comparison of the two time periods, we have              
          no way of knowing whether the first transmission of the signal              
          via cable 132 ends before the start of the second transmission              
          of the signal via delay element 150 and cable 130.  As a                    
          result thereof, we can not agree with the examiner’s                        
          conclusion that the two signals are not simultaneously                      
          transmitted.                                                                
               In summary, the 35 U.S.C. § 102(e) rejection of claims                 
          14, 15, 23, 43, 44, 52, 53, 72, 73, 81, 101, 102, 110 and 111               
          is reversed because we will not resort to speculation as to                 
          the teachings of Dean.                                                      
               The 35 U.S.C. § 103 rejections of claims 16 through 22,                
          45 through 51, 54 through 56, 58, 74 through 80, 103 through                
          109, 112 through 114, 116 and 139 through 194 are reversed                  
          because the teachings of Leppanen and the so-called admitted                
          prior art do not cure the noted shortcoming in the teachings                
          of Dean.                                                                    
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