Ex parte PARKER - Page 8




          Appeal No. 95-3888                                                          
          Application No. 08/l05,244                                                  

          alone, for reversal of the rejection of claims 1 and 2 under                
          35 U.S.C.                                                                   
          § 102(e) over McMahan.                                                      
               With regard to Pilarcik, this reference is concerned with              
          sampling voltage levels in order to select a level of                       
          amplification.  Again, there appears to be no mechanical                    
          mechanism nor a control thereof, as required by claims 1 and                
          3.  Further, there is no selection of a first or second                     
          voltage level, as claimed.  Element 20 of Pilarcik, identified              
          by the examiner as the “first driver circuit,” is a                         
          preamplifier and elements 43 and 44, identified by the                      
          examiner as the “second driver,” are, respectively, an analog               
          switch and a bank of amplifiers.  As explained by appellant,                
          at page 8 of the brief, the “drivers as applied in the                      
          rejection do not even drive the switch 43, much less drive it               
          at a selectable voltage level as claimed.”   The examiner                   
          states [answer-page 10] that these arguments “are not related               
          to a claimed limitations [sic] and thus are not persuasive.”                
          We disagree.  The claims are clearly directed to selecting                  
          voltage levels for output drivers.                                          
                                     CONCLUSION                                       

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