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 3Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007