Ex parte OKADA - Page 11




          Appeal No. 1997-3956                                                        
          Application 08/583,960                                                      


          teaches a third voltage dividing element which includes one                 
          compacitor string and a resistor string wherein the resistor                
          string has a high resistance sufficient to avoid influencing                
          the determining region of second voltage providing element.                 
          Appellants argue that this suppresses a direct current flow                 
          into the third voltage-dividing element thereby avoiding                    
          influencing of the reference voltage.                                       
               The Examiner states on page 4 that Yahagi discloses a                  
          three stage ADC in Figure 7.  The Examiner further states that              
          the first reference voltage generator is shared by the upper                
          string and medium stage.  A second reference voltage generator              
          supplies the lower stage with the particular step level as                  
          determined by the medium encoder output.  The Examiner admits               
          that Yahagi does not disclose the makeup of the reference                   
          voltage generators as claimed by Appellant.  Examiner argues                
          that resistive or capacitive dividers can be interchangeably                
          used as taught by Yamada.                                                   
               As we pointed out above we fail to find any evidence in                
          Yamada of a teaching or suggestion of providing Appellant's                 
          claimed upper comparison voltage generating means for dividing              
          a reference voltage, no comparison voltage generating means                 
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