Appeal No. 1999-1895
Application No. 08/363,315
disclose the second phase shifting means for canceling the
phase shift of the first phase shifting means. Independent
claim 1 recites, in pertinent part, "second phase shifting
means for causing the removal of said phase difference of B/2n
between any two reverse-spread digital signals adjacent to one
another among the n reverse-spread digital signals, thereby
cancelling said phase shift of the first phase shifting
means," which is word for word the same as the limitation of
claim 9 found lacking from De Gaudenzi. Since we agree with
both appellants and the examiner that De Gaudenzi fails to
disclose a second phase shifting means, as claimed, we will
reverse the rejection of claim 1 and its dependents, claims 2-
4, for the same reasons given by the examiner for indicating
the allowability of independent claim 9.
Similarly, claim 13 recites, in pertinent part, "phase
shifting the n reverse-spread digital signals in order to
remove said phase difference of B/2 between any two reverse-n
spread digital signals adjacent to one another among the n
reverse-spread digital signals, thereby cancelling the first
phase shift." Thus, claim 13 includes a step of phase
shifting a second time to cancel a first phase shift, which
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