Ex parte MARSHALL et al. - Page 10




          Appeal No. 1996-0427                                                        
          Application 08/210,224                                                      



          these signals do not vary.  In particular,  apparatus 10                    
          provides an invariant saw tooth signal once the values of the               
          elements of the apparatus are selected and inter- connected.                
          Furthermore, the voltage charging of the capacitor  is also                 
          set when the value of the capacitor is selected and                         
          interconnected.  Thereby, the time period for when the voltage              
          V1 exceeds the voltage of the saw tooth is set and                          
          predetermined.  Thus, the apparatus as shown in Figure 2 does               
          provide a sequence of predetermined number of pulses as                     
          claimed by Appellants.  Therefore, we will sustain the                      
          Examiner's rejection of claims 1, 2, 5, 10, 11, 14, 19 and 20               
          under 35 U.S.C. § 102.                                                      
                    Claims 4 and 13 stand rejected under 35 U.S.C. § 103              
          as                                                                          


          being unpatentable over Yamamura.  On pages 15 and 16 of the                
          brief, Appellants argue that the arguments presented for claim              
          1 apply equally to claims 4 and 13.  Appellants do not present              
          any further argument.  We have addressed the argument for                   
          claim 1 and have found that Yamamura teaches the limitations                

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