Appeal No. 1999-0395
Application No. 08/515,900
4000 being controlled in response to contents stored in a
memory (brief, page 8; answer, page 5). According to the
examiner (answer, page 5), Garner discloses a radio system
(Figure 2) in which microprocessor 28 controls frequency
switching of oscillator 30 in response to contents stored in
memory 32. The control output from microprocessor 28 to
oscillator 30 is labeled SEL. The examiner contends (answer,
page 5) that it would have been obvious to one of ordinary
skill in the art to apply the memory technique of Garner to
the system of prior art Figure 8 “for the simple purpose of
obtaining a more accurate technique through the use of
previously stored information,” and that the modified
teachings of prior art Figure 8 would lack a variable
capacitance diode in the clock oscillation means.
Based upon the examiner’s description of the teachings of
Garner, we find that claim 1 reads on Figure 2 of Garner. For
example: the radio system is described in Garner at column 1,
lines 9 through 13; the memory means is described in Garner at
column 10, lines 50 through 65, column 14, lines 11 through
19, column 15, lines 37 through 42, and column 16, lines 62
through 66; the frequency switching means is the
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