Ex Parte LEE - Page 4




          Appeal No. 2002-0477                                                        
          Application No. 09/115,996                                                  


          should be placed in the signal path of the HDTV receiver                    
          (column 2, lines 29 through 52; column 3, lines 15 through 23).             
          The examiner’s contentions to the contrary notwithstanding, the             
          record on appeal lacks an evidentiary link between NTSC                     
          power/white noise and the claimed synchronous signal and                    
          reference1 signal.                                                          
               In view of the foregoing, the anticipation rejection of                
          claims 1, 2, 4 and 5 is reversed.                                           
                                      DECISION                                        
               The decision of the examiner rejecting claims 1, 2, 4 and 5            
          under 35 U.S.C. § 102(e) is reversed.                                       
                                      REVERSED                                        


                    KENNETH W. HAIRSTON          )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JOSEPH F. RUGGIERO           )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    HOWARD B. BLANKENSHIP        )                                    
                    Administrative Patent Judge  )                                    
          KWH:svt                                                                     

               1 Citta states (column 2, lines 42 through 45) that fixed              
          reference components of the received signal are nulled out.                 
                                          4                                           





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