Ex Parte BREKELMANS et al - Page 4




              Appeal No. 2001-1871                                                                                     
              Application No. 09/082,449                                                                               

                    We agree with the examiner to the extent that the “true” values of the second                      
              intermediate frequency signal (fL2) stored in table 34 may correspond to the claimed                     
              nominal frequency of the carrier.  Toda col. 4, ll. 45-52; col. 5, ll. 30-42.  However,                  
              whether the “phase-locked loop’s oscillator” is taken to be reference oscillator 36, as                  
              submitted by the rejection, or taken to be VCO 271 (Fig. 6) in PLL 27 (Fig. 4), we do not                
              find disclosure or suggestion where the frequency of either is measured and compared                     
              to the frequency values stored in table 34; i.e., that a frequency difference such as that               
              claimed is to be measured.                                                                               
                    Independent claims 1 and 6 contain versions of the features we find lacking in                     
              the rejection with respect to claim 7.  The section 103 rejection relying on Toda in view                
              of Mogi, however, appears to represent a shift in position when compared to the section                  
              102 rejection over Toda.  “Toda differs from the claimed invention in that the oscillator is             
              included in the PLL.”  (Answer at 4.)  Mogi is asserted to teach “that a reference                       
              oscillator can be incorporated in a PLL.”  (Id.)                                                         
                    However, neither the section 102 nor the section 103 rejection shows disclosure                    
              or suggestion of measuring a frequency difference between a nominal frequency of the                     
              carrier and a frequency of a phase-locked loop’s oscillator, as required by claim 1 and                  
              claim 6.                                                                                                 
                    We thus do not sustain the rejections of claims 1-3 and 5-7.                                       




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