Appeal No. 2001-2005
Application 08/893,024
of phase compensation noted by the examiner at the top of column
7 of Montgomery is in the context of a receiver in Figure 2 and
not the transmitter in Figure 1, and it is not in the context of
encoding or generation of digital video information.
NEW REJECTIONS UNDER 37 CFR § 1.196(b)
Claims 10-15 and 17-22 are rejected under the enablement and
written description portions of 35 U.S.C. § 112, first paragraph.
The disputed language of independent claims 10 and 17 on appeal
"indicating a phase-shift of a subcarrier" of the digital video
signal was added by the amendment filed on May 13, 1999. Our
study of the specification as filed, the drawings and the
original claims leads us to conclude there is no disclosure at
all of any specific teaching or showing of color field
information "indicating a phase-shift of a subcarrier" to the
extent presently recited in each of the claims on appeal. Thus,
there is a clear absence of any enablement for this feature and
any written description therefore from the specification as a
whole as originally filed.
In summary, we have reversed the outstanding rejection of
claims 10-15 and 17-22 under 35 U.S.C. § 103. Additionally, we
have introduced rejections of these claims under the enablement
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