Appeal No. 1999-2339
Application No. 08/598,098
claimed, we will not sustain the rejection of claim 9 under
35 U.S.C. 103.
Similarly, we will not sustain the rejection of claims 5 and
6 under 35 U.S.C. 103 because claim 5 calls for “variable
sampling intervals” and we are unconvinced that the applied
references suggest such variable sampling intervals.
CONCLUSION
We have sustained the rejection of claims 1, 7 and 13 under
35 U.S.C. 102(b). We have also sustained the rejection of claims
1-4, 8 and 10-14 under 35 U.S.C. 103. We have not sustained the
rejection of claims 5, 6 and 9 under 35 U.S.C. 103.
Accordingly, the examiner’s decision is affirmed-in-part.
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