Ex parte MCCARTNEY - Page 7




          Appeal No. 95-1188                                                          
          Application No. 08/046,127                                                  


          existed at the output terminals.  Such an unnecessary                       
          modification would only have been made to reach the limitations             
          of appellant’s claimed invention, and not for any other reason.             
          Appellant correctly argues (Reply Brief, page 5) that “the                  
          Examiner can only be relying on Applicant’s teaching to achieve             
          the claimed subject matter of the invention.”                               
               In view of the foregoing, the 35 U.S.C. § 103 rejection of             
          claims 1, 2, 9, 14 through 18 and 20 through 24 is reversed.  The           
          35 U.S.C. § 103 rejection of claims 3 through 8, 10 through 13              
          and 19 is likewise reversed because the teachings of Burgin,                
          Miyazawa, Schneider, Hosaka, Donze and Wright do not cure the               
          shortcomings in the teachings of Petkovsek, Heavey and Jackson.             

















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