Appeal No. 2003-0041
Application No. 09/087,528
2002) citing In re Gartside, 203 F.3d 1305, 1316, 53 USPQ2d 1769, 1776 (Fed. Cir.
2000). "The Board's findings must extend to all material facts and must be documented
on the record, lest the 'haze of so- called expertise, acquire insulation from
accountability."Lee, 277 F.3d at 1345, 61 USPQ2d at 1435.
Upon our review of Muszynski, we find that Muszynski fails to teach or suggest
“uplinking undersampled radiotelephone signals from the cellular radiotelephone base
station to the cellular radio exchange” as recited in Appellants’ claim 1. Furthermore,
we note that claims 12, 19, 24, 35 and 43, the other independent claims, recite similar
ranges.
Upon our review of Bazarjani, we find that Bazarjani does teach the use of
undersampling analog-to-digital converter for sampling a received signal in a CDMA
base station or mobile telephone. See column 4, lines 9-60 of Bazarjani. However, we
fail to find that Bazarjani teaches or suggest using an uplink undersampled radio signal
from a base station to a cellular radio exchange as recited in the independent claims.
Bazarjani does teach six reasons for using a sub-sampling receiver in column 4, lines
40-54. However, we fail to find that these reasons would be relevant in providing an
uplinking undersampling radiotelephone signal from a cellular radio base station to a
cellular radio exchange which do not have the same issues or problems for
demodulation within a receiver.
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007