Ex parte BRIGGS - Page 6




          Appeal No. 1998-0463                                                        
          Application No. 08/450,849                                                  


          second resistors providing an automatic gain control portion.               


               In our opinion, the subject matter of claim 18 would have              
          been obvious to one having ordinary skill in the art, from a                
          collective assessment of the applied Lowenstein teachings.                  
          More specifically, as we see it, one having ordinary skill in               
          the art would have been motivated by the explicit teaching of               
          the auto-gain feature of Lowenstein '114 (column 6, lines 41                
          through 55) to select an appropriate auto-gain circuit from                 
          among known and available auto-gain circuits for their                      
          expected advantages, e.g. an auto-gain circuit having first                 
          and second resistors.  It is our understanding that the latter              
          circuit would have been available to those having ordinary                  
          skill in the art at the time of the present invention,                      
          particularly based upon the acknowledgment in appellant’s                   
          specification (page 4) that the invention is completely based               
          on commercial off-the-shelf components.  It is for the above                
          reasons that we affirm the rejection of claim 18.                           


                                      Claim 20                                        


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