Ex Parte LEE et al - Page 4




          Appeal No. 2001-0740                                                        
          Application 09/054,415                                                      

               Appellants respond that one of ordinary skill in the art               
          would know when and how to activate the high power state, for               
          example, "one would know because of the clocking of the sample              
          and hold circuits when slewing would be expected on the amplifier           
          of Figure 11" (Br7).                                                        
               We agree with appellants that one of ordinary skill in the             
          art would know when slewing is expected because this is a clocked           
          circuit.  For example, in Fig. 2 one would expect slewing at the            
          time when switches 2 are closed and switches 1 are opened and the           
          charge from Cin is transferred to Cint (spec. at 7-8).  We                  
          consider that one skilled in the art would have known how to                
          provide signals "p" and "pb" since these are simply complementary           
          signals and the time when they are to be applied is known.  The             
          rejection of claims 15 and 16 under § 112, first paragraph, is              
          reversed.                                                                   


          35 U.S.C. § 112, second paragraph                                           
               Claims 1-8                                                             
               The examiner states that when the "low power" is provided to           
          the active element in claim 1 is misleading (EA4).                          
               Appellants respond that the examiner's interpretation of the           
          claim language is unrealistic (Br8).                                        
               The examiner responds that "an amplifier's operational                 
          cycle" is not described in claim 1 and, so, it can include times            

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