Ex parte VAN HOLTEN et al. - Page 4




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


          the bit position is interpreted as a “0.”   While Koike shows               
          2/3 majority voting, rather than 3/5 majority voting, it is                 
          the examiner’s position that it would have been a “matter of                
          design choice” for a majority decision device to perform                    
          either 2/3 or 3/5 voting, depending on the necessary degree of              
          accuracy.                                                                   


               The examiner also recognized that Koike did not disclose               
          the feature of counting up to a maximum number of three, the                
          number of 1's present in each of a plurality of five bit                    
          repeats.  However, the examiner points to Brown for a teaching              
          of terminating a read process when a count exceeds a preset                 
          threshold.                                                                  
               The examiner concluded that it would have been obvious to              
          modify Koike to use Brown’s plurality of count and compare                  
          logics 32 with a value which is one-half of the repetition                  
          number, in place of the adder used in Koike.                                
               Appellants argue that the instant invention is                         
          “completely different” from what is suggested by Koike and                  
          Brown because when the count of 1's or 0's has reached the                  
          majority value, which in the case of 5 repeats is 3, then the               

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