Ex Parte HAN - Page 6




              Appeal No. 1999-1857                                                                                     
              Application No. 08/579,156                                                                               


              HDTV and NTSC signal processing.  Therefore, we find no such support for appellant’s                     
              assertion that the term should be defined as appellant argues.  Appellant argues that                    
              the symbol timing lock signal can indicate when symbol timing is locked and can be                       
              used to indicate the presence of HDTV signal in a received signal.  (See reply brief at                  
              page 2.)  Again, appellant provides no express support in the language of claim 1 to                     
              support this argument.  Therefore, this argument is not persuasive.  Appellant argues                    
              that the bit timing of Scarpa is not based on past values and cannot yield a symbol                      
              timing lock signal.  (See reply brief at page 2.)  Again, appellant provides no express                  
              support in the language of claim 1 to support  this argument.  Therefore, this argument                  
              is not persuasive.                                                                                       
              We note that appellant has drafted the limitation reciting the symbol timing recovery                    
              as a means plus function limitation, but has not identified a corresponding structure in                 
              the specification associated with the means.  (See reply brief at page 3.)  We assume                    
              this is because the specification is basically disclosed in a functional level.  Therefore,              
              appellant’s argument directed thereto is not persuasive.                                                 
              Appellant argues that the symbol timing lock signal does more than maintain a                            
              desired sampling rate.  (See reply brief at page 3.)  Appellant argues that the symbol                   
              timing lock signal analyzes past values of the timing error, or past values of the output                
              of the loop filter, to determine whether or not lock has been achieved.  (See reply brief                
              at page 3.)  We do not appreciate from appellant’s argument how the signal “analyzes”                    

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