Ex parte FREITAS - Page 8




          Appeal No. 97-3451                                                          
          Application 08/325,832                                                      

          the art would simply use Garuts’ new and improved A/D converter             
          in place of Cheung’s more conventional A/D converter.  But that,            
          however, would not lead to the appellant’s claimed invention as             
          defined in independent claims 1, 25 and 26.                                 
               For the foregoing reasons, we sustain the rejection of                 
          claims 8-13, 14, 17-21, and 22-24.  However, we do not sustain              
          the rejection of claims 1-7, 25, and 26-28.                                 
                                     Conclusion                                       
               The rejection of claims 8-13, 14, 17-21, and 22-24 under 35            
          U.S.C. § 103 as being unpatentable over Cheung and Garuts is                
          affirmed.                                                                   
               The rejection of claims 1-7, 25, and 26-28 under 35 U.S.C.             
          § 103 as being unpatentable over Cheung and Garuts is reversed.             















               No time period for taking any subsequent action                        
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