Ex Parte KURIBAYASHI et al - Page 5




                Appeal No. 2003-0487                                                                                                    
                Application No. 09/158,925                                                                                              

                       Before we further discuss the teachings of the reference we must first determine                                 
                the scope of the claims.  We find that the scope of each of the independent claims                                      
                includes a phase detector, which detects a phase error in a cross talk removed sample                                   
                value sequence, and a clock signal is generated based upon this error.  See the                                         
                following limitations of claims 1 and 4: “a phase detecting circuit which detects a phase                               
                error existing in the reading signal based on the crosstalk removed reading sample                                      
                value sequence; and a clock signal generating circuit which generates the clock signal                                  
                based on the phase error.”  See also the following limitations of claims 7 and 10: “phase                               
                detecting means for detecting a phase error existing in the reading signal based on the                                 
                crosstalk removed reading sample value sequence; and clock signal generating means                                      
                for generating the clock signal based on the phase error.”  See the following limitations                               
                of claim 13: “ a phase detecting circuit which detects a phase error existing in the                                    
                crosstalk-removed reading sample value sequence; and a clock signal generating circuit                                  
                which generates the clock signal based on the detected phase error.”  Finally, see the                                  
                following limitations of claim 14 “ phase detecting circuit detects a phase error existing                              
                in the crosstalk-removed reading sample value sequence and produces a detected                                          
                phase error at the output of the phase detecting circuit; and a clock signal generating                                 
                circuit having an input coupled to the output of the phase detecting circuit.                                           
                       We do not find that Iwanaga, in figure 6 and the description of figure 6 on pages                                
                6 though 8 of the translation, teaches that a phase determination circuit detects a phase                               
                error in a crosstalk removed sample value sequence, and that the phase error is used to                                 
                generate a clock.  While Iwanaga’s disclosure on page 6 of the translation states that                                  
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