Ex parte LAUDE - Page 4




              Appeal No. 1999-1553                                                                                       
              Application No. 08/567,379                                                                                 


              the purpose of preventing an input malfunction which may otherwise be caused by a                          
              ground potential fluctuation.”  Uramoto discloses a drain capacitor 11b and the examiner                   
              says that it would have been obvious to add a drain capacitor to APA Figure 2 “for the                     
              purpose of suppressing switching noise.”  The examiner also contends that it “is                           
              notoriously well known” that supplies often require low pass filtering and so Grob’s Figure                
              28-9, showing several well known low pass filters, including a supply capacitor C and                      
              impedances L1 and L2, would have led artisans to “add the filter for the purpose of filtering              
              the supply noise.”  See page 4 of the answer.                                                              
                     The examiner’s rejection is, in our view, based on impermissible hindsight gleaned                  
              from appellant’s own disclosure.  The examiner is merely picking and choosing various                      
              capacitor connections from various pieces of prior art in order to reconstruct appellant’s                 
              Figure 4 embodiment.  However, the instant claims call for the coupling means to couple                    
              noise susceptible circuits to a distributed electrical conductor so that the coupling means                
              distributes noise to the noise susceptible circuits so that noise is common throughout the                 
              noise susceptible circuits, allowing those circuits to operate with immunity to the noise.                 
              The examiner has pointed to nothing in the applied references which shows the cited                        
              capacitors connected between a noise susceptible circuit and a distributed electrical                      
              conductor carrying noise signals, as claimed.                                                              




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