Ex Parte BOICE et al - Page 6



          Appeal No. 2003-0023                                                        
          Application No. 09/046,289                                                  



          careful review of the applied prior art references, in light of             
          the arguments of record, we are in general agreement with                   
          Appellants’ position as stated in the Briefs.                               
               It is our view that even assuming, arguendo, that the Tayama           
          and Jeng references could be combined as proposed by the                    
          Examiner, the resulting combination would not arrive at the                 
          invention set forth in independent claim 26.  In particular, we             
          agree with Appellants (Brief, page 17) that a key feature of the            
          claimed invention, the comparing of search results in each                  
          encoder with search results of other encoders and selecting the             
          best result, is not taught or suggested by Tayama, nor is such              
          deficiency overcome by any disclosure in Jeng.                              
               We do not dispute the Examiner’s generalized assertion that            
          Tayama utilizes plural encoders which act together to provide an            
          expanded search window.  We find nothing, however, in the                   
          disclosure of Tayama, either in the portion cited by the Examiner           
          (column 4, lines 33-34) or elsewhere in the document, which                 
          teaches or suggest the comparing, in each encoder, the search               
          results of that encoder with other encoders and to thereafter               
          select the best result as claimed.  Further, although the                   
          Examiner directs attention (Answer, page 8) to the passage at               
          column 4, line 60 through column 5, line 3 of Jeng as suggesting            
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