Ex Parte LEE et al - Page 21




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

          during a portion of its operating time and providing another                
          level to said element during another portion of its operating               
          time" as recited in claim 9 (Br13).                                         
               The examiner repeats the reasoning given for claim 1 (EA17).           
               Claim 9 recites two different power output levels connected            
          to an active element, each applied during a "portion of its                 
          operating time."  We agree with the examiner that a "portion of             
          its operating time" is a portion of the operational time when one           
          bias current level is applied.  Appellants do not contest that              
          Wang discloses the user selecting different resolutions at                  
          different times during operation, so this limitation is met.                
               Appellants further argue (Br15) that the examiner erred in             
          finding that "[d]ue to switched capacitor input circuit 2, the              
          input to amplifier 5 [in Wang] can be deemed a digital signal,              
          thus anticipating claim 9" (FR9).  It is argued that the output             
          of the switched capacitor input circuit 2 is a sampled analog               
          value and not a digital value.                                              
               Although appellants do not correlate the arguments to any              
          claim language, it appears that appellants argue that Wang does             
          not teach an amplifier having "an input receiving a digital                 
          signal."  We agree that the input to amplifier 5 in Wang is not a           
          "digital signal," i.e., a signal having only two possible values.           
          Thus, the rejection of claim 9 is reversed.                                 


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