Ex Parte NI et al - Page 6



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

          suggested to the artisan a specific resynchronization technique             
          to be used in order to recover synchronization after a loss of              
          reception in Sauer.                                                         
               Accordingly, we find that the examiner has established a               
          prima facie case of obviousness which has not been successfully             
          rebutted by appellants since appellants have not convinced us of            
          any error in the examiner’s rationale.                                      
               The rejection of claims 1, 7-10 and 16-19 (Group I) under              
          35 U.S.C. § 103 is sustained.                                               
               We will also sustain the rejection of claims 5, 9, 12 and 14           
          (Group II) under 35 U.S.C. § 103.                                           
               These claims provide for detection and transmission of                 
          “three successive idle 1 characters.”  The examiner turns to                
          Jordan, at page 1191, for a teaching of a “string of idle                   
          characters . . . sufficient to permit complete resynchronization”           
          in a method for synchronizing transmitters and receivers.  The              
          examiner concluded, quite reasonably in our view, that, in view             
          of such a teaching, it would have been obvious to use any                   
          character set, including idle 1 characters, as synchronization              
          characters “because synchronization characters are simply a                 
          combination set of non-data characters which are designed to be             
          conventionally recognized by transmitter and receiver as                    
                                         -6–                                          




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