Ex parte VAN HOLTEN et al. - Page 3




          Appeal No. 2000-0471                                                        
          Application No. 08/871,442                                                  


          received by detecting whether each number of counted ones is                
          three or less than three.                                                   
               The examiner relies on the following references:                       
          Koike                         4,132,975             Jan.  2, 1979           
          Brown et al. (Brown)          4,400,811             Aug. 23, 1983           
               Claims 37-52 stand rejected under 35 U.S.C. 103 as                     
          unpatentable over Koike in view of Brown.                                   
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        


                                       OPINION                                        
               At the outset, we note that while appellants group the                 
          claims into claims 37-44 and claims 45-52, each to be treated               
          as a separate group, appellants’ arguments do not indicate a                
          distinction.  Accordingly, all claims will stand or fall                    
          together.                                                                   
               The examiner’s apparent position is that Koike discloses               
          a majority decision device that is 2/3 majority voting.  That               
          is, a data word is transmitted three times and each bit                     
          position is compared to a corresponding bit position in the                 
          other two transmitted words.  If at least two 1's are                       
          indicated, that bit position is interpreted as a “1."  If not,              

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