Ex Parte NI et al - Page 5



          Appeal No. 2004-0180                                                        
          Application No. 09/124,642                                                  

          reception to the transmission of the first end, and vice-versa.             
               The teachings of the applied references, along with the                
          examiner’s rationale, in our view, establishes a prima facie case           
          of obviousness, shifting the burden to appellants to provide                
          evidence, in the form of persuasive argument, or objective                  
          evidence, to overcome such prima facie case.                                
               Appellants argue that while both references may discuss                
          resynchronization when synchronization is lost, unlike the                  
          instant invention, neither reference discusses resynchronization            
          when “reception” is lost; and neither reference distinguishes               
          between loss of reception and loss of synchronization.                      
               We disagree.  Sauer explicitly teaches a synchronization or            
          resynchronization being required after certain conditions, one of           
          those conditions being “an interruption and reconnection to the             
          transmission path” (column 3, lines 12-13).  An                             
          “interruption...to the transmission path” clearly indicates a               
          “loss of reception.”  Contrary to appellants’ assertion,                    
          manifestly, Sauer does discuss resynchronization when reception             
          is lost.  Olafsson teaches a specific measure to be taken when              
          resynchronization is to be performed, i.e., the transmission of a           
          repetition of a known set of symbols until synchronization is               
          regained.  Thus, the combination of Sauer and Olafsson would have           
                                         -5–                                          




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