Appeal No. 2002-0489
Application 08/831,731
trailing edge of the horizontal sync pulse (p. 13.141). Deriving
a burst gate signal from the horizontal sync pulse is not the
same thing as using the horizontal sync pulse itself to simulate
the burst gate signal, as stated. However, the horizontal sync
output signal HS in Philips is programmable in position from the
horizontal sync pulse as shown in Fig. 19. In view of Benson's
teaching that it was known to derive the burst gate signal from
the horizontal sync pulse, it would have been obvious to one
skilled in the art of designing burst gate signal circuitry to
program the horizontal sync output signal HS to be used as a
burst gate signal. Benson also teaches the parameters for the
burst gate signal (the leading and trailing edges of the burst
should be passed and video information should be excluded).
Nevertheless, the issue is whether the subject matter of
claim 31 is anticipated, not whether the examiner was correct in
stating that it was well known to use a horizontal sync signal as
a simulated burst gate signal. As noted in the discussion of
claim 1, if the horizontal sync signal has characteristics that
simulate a burst gate signal, it makes no difference what name it
is given. Claim 31 is different from claim 1. However, since
appellant's brief does not argue the merits of the rejection, as
required by 37 CFR § 1.192(c)(8)(iii), so that the examiner has a
chance to respond, we will not address the merits of claim 31.
The rejection of claims 31, 33, and 34 is sustained. Since the
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