Appeal No. 2002-0489
Application 08/831,731
horizontal sync HS signal in Fig. 19 of Philips does not have a
suitable width to lock onto the color burst. While the
specification discloses that the "simulated burst gate signal is
preferably not so far back in timing as to intersect the sync
region and not so far forward in timing as to intersect the
active video region" (specification, p. 16, lines 15-17), this is
not recited in claim 1, nor is it argued. Appellant has not
presented convincing arguments why the horizontal sync signal HS
in Fig. 19 of Philips cannot be a simulated burst gate signal.
Appellant argues that the examiner's view of the HS signal
as a burst gate signal is inconsistent with the showing in
Philips of a burst gate accumulator which generates an internal
burst gate signal (Br12) and "Philips cannot disclose its
external HS signal as a burst gate signal while also implicitly
disclosing an internal burst gate signal" (Br12).
We agree with the examiner's response (EA8-9) that since the
horizontal sync signal HS is output from the VIP decoder, it is
an external signal. Claim 1 does not require the decoder to use
the HS signal to lock onto the color burst or to be used for
decoding in the decoder; in fact, claim 1 only requires that the
horizontal sync signal simulates an external burst gate signal
without requiring that it ever be used. The fact that
appellant's Fig. 10 shows the decoding being done in the digital
comb filter 288 external to the video decoder 244 using the
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