Ex parte HILL - Page 4




          Appeal No. 1998-0165                                                        
          Application 08/566,270                                                      




                                       OPINION                                        
               The rejection of the claims as anticipated by Anderson is              
          set forth on page 4 of the Final Rejection.  According to the               
          examiner, all limitations are met by the circuitry shown in                 
          Figure 2 of the reference.                                                  
               Appellant does not submit arguments with respect to                    
          separate patentability of any of the claims.  Appellant refers              
          to substantially identical language appearing in the two                    
          independent claims (1 and 10) on appeal as allegedly                        
          distinguishing over the prior art.  (See Brief, page 9.)  In                
          accordance with the arguments, we consider Claims 1 and 10 as               
          representative of the subject matter on appeal, and decide                  
          disposition on that basis.  See 37 CFR § 1.192(c)(7).                       
               Appellant argues that the language which purportedly                   
          distinguishes over the reference sets forth “a switching                    
          device [Claim 1; or a “modulator,” Claim 10] comprising a                   
          transistor driven into a saturation mode if a select signal is              
          at a first voltage and driven into an off mode if the select                
          signal is at a second voltage.”  (Id.)                                      


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