Ex parte MCCLURE - Page 14




          Appeal No. 1997-1644                                      Page 14           
          Application No. 08/367,681                                                  


          that rate was achieved, further programming was unnecessary.                
          Workers in the art would also have known that a circuit                     
          assembler at the time of fabrication would be best equipped to              
          program the resistors.  Therefore, the teachings of the                     
          combinations of references in combination with the prior art                
          as a whole would have suggested that the means for controlling              
          the slew rates of said output drivers includes control                      
          circuitry containing resistors programmable by interconnect                 
          definition during device fabrication as claimed.                            


               Therefore, we affirm the rejection of claims 1-22 under                
          35 U.S.C. § 103 as obvious over APA in view of Boomer.  We end              
          by noting that the affirmance is based only on the arguments                
          made in the brief.  Arguments not raised therein are not                    
          before us, are not at issue, and are thus considered waived.                


                                     CONCLUSION                                       
               To summarize, the examiner’s rejection of claims 1-22                  
          under 35 U.S.C. § 103 is affirmed.                                          










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