Ex Parte KURIBAYASHI et al - Page 7




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

                art does not recognize the problem of crosstalk and Iwanaga does not identify an impact                                 
                of crosstalk on the clock.  The only teaching we find in Iwanaga that addresses the                                     
                relation between the clock and crosstalk is on page 6 of the translation which identifies                               
                that the crosstalk removal circuit’s effectiveness is reduced if the clock operates at the                              
                bit rate.  To prevent this reduction in effectiveness, Iwanaga teaches that the clock                                   
                should operate at twice the bit rate.  Thus, we do not find that either of the references                               
                provides a teaching or suggestion to use 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.  Accordingly, we will not sustain the rejection of claims 1 through 14                                 
                under 35 U.S.C § 103.                                                                                                   
                        We next consider the rejections of claims 1 through 14 under 35 U.S.C § 102.                                    
                Appellants argue on pages 18 and 19 of the brief that Hayashi does not disclose a                                       
                phase detecting circuit that detects phase errors in a crosstalk removed sample value                                   
                sequence, and a clock signal is generated based upon this error.  Appellants point out                                  
                that Hayashi does teach in the embodiment of figure 3 a circuit that produces a cross-                                  
                talk removed signal SB.  However, appellants assert that “the crosstalk-removed reading                                 
                signal SB is not used by a subsequent phase detecting circuit to detect a phase error in                                
                the reading signal in the manner required by appellants’ claims” (page 19 of brief).                                    
                Further, on page 20 of the brief, appellants argue that the embodiment shown in figure 9                                
                of Hayashi “does not disclose a phase detecting circuit (or phase detecting means)                                      
                which detects a phase error ‘based on’ or ‘existing in’ the ‘crosstalk-removed reading                                  
                sample value sequence,’ as recited.”                                                                                    
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