Ex parte OHKI et al. - Page 6




         Appeal No. 1999-1895                                                    
         Application No. 08/363,315                                              


              The examiner asserts (Answer, page 5) that:                        
              De Gaudenzi recites (Col. 3, lines 39-44), "The way                
              in which coded symbols are associated to the PSK                   
              constellation points is properly selected to                       
              optimize system performance.  The target is to                     
              maximize the Euclidean distance between the                        
              transmitted signals (signal points)."  The Euclidean               
              distance is the distance between the signal points                 
              in the constellation.  It is clear from this passage               
              that inherent in the De Gaudenzi reference is the                  
              use of Gray coding.  This allow [sic, allows] the                  
              maximum distance between signal points to be                       
              determined in such a way to order to lower the BER                 
              (optimize system performance) in the system in                     
              comparison to other systems in which no mapping was                
              used.  And the Gray coding system maps k information               
              bits to the M=2  possible phases.  Therefore, tok                                                    
              design the system to have a distance between B/2k                  
              between any two adjacent bits is inherent in the De                
              Gaudenzi reference.  The recitation set forth in the               
              De Gaudenzi reference indicates, which out [sic,                   
              without] using the exact phrase, that Gray coding is               
              being implemented in the system.                                   
         However, appellants state (Brief, page 7) that the claimed              
         phase shifting cannot be inherent because there are other               
         coding schemes which are available as alternatives to the use           
         of Gray Coding.  Further, appellants contend (Brief, page 10)           
         that in De Gaudenzi, the phase shift of B/2 is introduced for           
         well-known quadrature modulation, whereas the claim calls for           
         a phase shift of B/2 , where n must be greater than or equaln                                                    



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