Appeal No. 2002-1194
Application No. 08/534,808
teachings in POCSAG that would have taught or suggested adjusting
synchronization to position the value of zero in its proper
orientation based on the first remaining value of zero. The
Examiner merely concludes that shifting and comparing must be
necessarily performed in order to recognize a synchronization
codeword (answer, page 8) without providing factual evidence in
support of such statement. In fact, POCSAG does not recognize
the importance of positioning the value of zero in its proper
orientation wherein the value of zero is assigned if all of the
multiple bit messages have a zero in a particular bit position,
as recited in steps (f) and (g) of claim 1.
In view of our analysis above, we find that the Examiner has
failed to set forth a prima facie case of obviousness with
respect to claim 1 and the other independent claims 9 and 25 as
the necessary teachings and suggestions related to the claimed
guardband and command partitions and adjusting the
synchronization are not shown. Accordingly, we do not sustain
the 35 U.S.C. § 103 rejection of independent claims 1, 9 and 25,
nor of claims 2, 4-8, 10-14, 16, 17 and 26-32 dependent thereon.
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