Appeal No. 2006-1607
Application 10/062,894
Devon teaches "a time period divided into a group of time slots each having a unique
time position" because each of the pulse windows P1-P5 necessarily has a unique time position.
Appellant argues that "because Devon only provides for one pulse per group of pulses, it
does not anticipate encoding data using multiple pulses distributed among a group of time slots
and is not, as such, an anticipating reference with respect to independent Claims 1 and 11" (Br6).
The examiner responds (EA5):
Devon clearly states that "three keys are used to encode each symbol: the frequency of
the synchronization one [sic, tone] burst, the frequency of the signal tone burst, and the
pulse position of the signal tone burst" (col. 6, lines 36-39). Therefore, as evidenced in
Fig. 2, element 210 for instance, there are "multiple pulses" used to encode the signal and
more than one "slot" are used for such encoding (col. 6, lines 44-48).
Appellant argues that there is only one signal in each group of pulse positions. "The
signal may differ as to frequency or the carrier signal for the pulse, but it still is standard pulse
position modulation that utilizes other signal processing techniques, such as varying the carrier
signal and using a different pulse frequency, to carry more data. Notwithstanding the technique
used, Devon only describes fundamental pulse position modulation with one pulse in a frame of
pulse positions." (RBr2.)
We agree with appellant. The limitation "multiple pulses distributed among said time
slots encoding a data element by said unique phase/time position" requires "multiple pulses
distributed among said time slots" to perform the function of "encoding a data element by said
unique time position" (as interpreted by the examiner, it is unnecessary to also show a unique
phase). Devon disclose that the data is encoded three ways: frequency of the synchronization
tone burst, frequency of the signal tone burst, and the pulse position of the signal tone burst. As
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