Appeal No. 2004-0991 Application No. 09/152,063 The disclosed invention relates to a method of determining the most likely rate at which a received signal was encoded from among a plurality of predetermined postulated rates. Claim 1 is illustrative of the claimed invention, and it reads as follows: 1. A receiver comprising: means for receiving a signal; means for determining a rate at which the received signal was encoded; and means for decoding the received signal based on the rate detected, wherein said rate is determined by comparing a received signal with a number of estimated signals, said estimated signal being based on possible rates of encoding, and determining a correlation between the received signals and the estimated signals. The reference relied on by the examiner is: Stein 6,175,590 Jan. 16, 2001 (filed Aug. 8, 1997) Claims 25 through 27, 29 through 37, 39, 40, 42 through 46 and 48 stand rejected under 35 U.S.C. § 102(e) as being anticipated by Stein. Reference is made to the supplemental brief and reply brief (paper numbers 23 and 25) and the answer (paper number 24) for the respective positions of the appellants and the examiner. 2Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007