Ex parte HIRAI et al. - Page 4




          Appeal No. 1999-0395                                                        
          Application No. 08/515,900                                                  


          microprocessor 28, and it is described in Garner at column 7,               
          lines 40 through 45, column 8, lines 47 through 55, column 13,              
          lines 14 through 25, column 14, lines 11 through 14, and                    
          column 15, lines 37 through 44.  The oscillation frequency of               
          the reference clock generated by oscillator 30 in Garner is                 
          switched in accordance with a state of output SEL from                      
          microprocessor 28.  The only difference between Figure 2 of                 
          Garner and claim 1 is that Garner does not use a variable                   
          capacitance diode in the oscillator 30.  Thus, it appears that              
          the clock oscillator circuit, frequency switching circuit, and              
          control circuit teachings of admitted prior art Figure 8 are                
          merely cumulative to the teachings found in Garner.                         
               For a teaching of the use of a variable capacitance diode              
          66 in a clock oscillator circuit, the examiner turns to the                 
          teachings of Smith (Figure 1; column 5, line 60 through column              
          6, line 33).  In view of Smith’s teaching that it is well                   
          known in the art to use a variable capacitance diode in a                   
          clock oscillation circuit, we agree with the examiner that it               
          would have been obvious to one of ordinary skill in the art to              
          use such a circuit component in the oscillator disclosed by                 
          Garner.                                                                     
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