Ex Parte RAMESH et al - Page 3



          Appeal No. 2004-0991                                                        
          Application No. 09/152,063                                                  

                                        OPINION                                       
               We have carefully considered the entire record before us, and          
          we will sustain the anticipation rejection of claims 25 through 27,         
          29 through 37 and 42 through 46, and reverse the anticipation               
          rejection of claims 39, 40 and 48.                                          
               We agree with the examiner’s findings (answer, page 3) that            
          Stein discloses all of the method steps of claim 25.  Stein decodes         
          a received signal at each of four postulated rates, and generates a         
          corresponding decoded signal and a corresponding decoding metric            
          (Figure 2).  The rate selector 250 modifies the decoding metric to          
          form a normalized correlation metric based on the corresponding             
          postulated rate (column 7, line 1 through column 8, line 47), and,          
          in view of the teaching that “rate selector 250 selects the highest         
          normalized correlation metric in storage and . . . determines the           
          rate . . . corresponding to this normalized correlation metric”             
          (column 8, lines 48 through 51), the rate selector 250 determines           
          the most likely rate at which the received signal was encoded as            
          being the postulated rate associated with the maximum modified              
          decoding metric.  We additionally agree with the examiner’s                 
          contention (answer, page 8) that the open-ended language of claim           
          25 does not preclude the re-encoding, delay and correlator                  
          teachings of Stein.  Accordingly, the anticipation rejection of             
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