Appeal No. 2002-1045
Application 09/131,890
calculated PTS/DTS signal with a PCR/SCR to correct a decoder
clock, but does not teach detecting errors in a received PTS/DTS
value or correcting a received erroneous PTS/DTS [brief, pages 3-
10]. The examiner responds by disagreeing with appellant’s
arguments [answer, pages 7-9]. Appellant essentially repeats his
position as argued in the brief [reply brief].
We will not sustain this rejection of the examiner for
essentially the reasons argued by appellant in the briefs. As
argued by appellant, the value of PTS/DTS in Rim is assumed to be
correct and is used to check the accuracy of the program clock
reference (PCR) and system clock reference (SCR). The PTS/DTS
value is compared to a PCR/SCR value and the difference is used
to determine whether the decoding side is faster or slower than
the encoding side. There is no approximated DTS value calculated
in Rim which is used when there is an error detected in the DTS
or PTS values. Since Rim does not disclose every element recited
in the rejected claims, we do not sustain the rejection of these
claims as anticipated by the disclosure of Rim.
We now consider the rejection of claims 2-4, 6-11, 13-15 and
18-20 under 35 U.S.C. § 103(a) based on Rim and Suzuki. In
rejecting claims under 35 U.S.C. § 103, it is incumbent upon the
examiner to establish a factual basis to support the legal
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