Ex Parte KASPERKOVITZ et al - Page 4




             Appeal No. 2001-0583                                                                                    
             Application No. 09/039,348                                                                              


             value of the loop divider (N) 122.  Also, since the top input to the phase detector is the              
             “reference signal” to which Gilmore refers, and this frequency “may be made to vary in                  
             extremely small steps” (column 6, lines 55-56), it appears that there is a relationship                 
             between the step sizes of the reference frequency signal (top input to the phase                        
             detector) and the synthesizer output frequency (output of the phase locked loop).  Since                
             the phase detector plays a role in this step-size relationship, by operating on the                     
             stepped-frequency signal in accordance with a signal generated by loop divider 122,                     
             and the phase detector 116 is a part of the claimed “frequency-synthesis circuit, ” it                  
             appears fair to conclude that the frequency-synthesis circuit does comprise means for                   
             varying the step size of the stepped-frequency signal in dependence on the adjustable                   
             integer frequency relationship (provided in Gilmore by loop divider 122).                               
                    Appellants further argue that the “synchronization circuit” of Gilmore is                        
             “inoperative” because the combination of a loop filter, VCO, and a loop divider cannot                  
             “synchronize” the VCO to the input signal.  If so, the VCO would not oscillate.                         
                    Instant claim 1 does not define the “synchronization circuit” other than                         
             synchronizing a tuning oscillator to the stepped-frequency signal to form a tuning                      
             frequency and that the synchronization circuit comprise means for providing an                          
             adjustable integer frequency relationship between the stepped-frequency signal and the                  





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