Ex Parte SHIUE et al - Page 4




               Appeal No. 2002-1232                                                                                                 
               Application No. 09/102,885                                                                                           


               answer at pages 3-4.)  We disagree with the examiner’s analysis and conclusion about                                 
               near baseband and baseband.  From our review of the teachings of Strolle, we find that                               
               Strolle specifically desires the use of the passband signal for the demodulator and the                              
               adaptive equalizer since Strolle teaches at col. 11, lines 45-50, and col. 12, lines 17-18,                          
               that the adaptive equalizer operates in the passband signal prior to the recovery of the                             
               carrier signal and the remainder of the circuit operates at baseband.  From these                                    
               teachings, we find no support for the examiner’s position.  With respect to the teachings                            
               of Werner, while Werner appears to teach the basic filter configuration, we find no                                  
               express teaching or suggestion that the system is useful for VSB signals or that it                                  
               operates at baseband.  Therefore, we find that the examiner has not established an                                   
               initial prima facie case of obviousness of the claimed invention, and we cannot sustain                              
               the rejection of  independent claims 1, 6, 11, 13, and 16 and their dependent claims.                                















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