Ex Parte LEE et al - Page 26




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

          in the same sense as appellants' amplifier in Fig. 2 and has not            
          shown error.  The rejection of claim 14 is sustained.                       

               Claim 15                                                               
               The examiner finds that power control circuit 20 controls              
          the power (current) to the active amplifier 5, thus controlling             
          the slew rate and anticipating claim 15 (FR6).                              
               Appellants assert that Wang does not show "during an                   
          operational phase when slew is expected, increasing current                 
          available to the amplifier irrespective of actual signal level              
          applied to the amplifier" as recited in claim 15 (Br14).                    
               The examiner has not convinced us that the subject matter of           
          claim 15 is anticipated.  It appears that the examiner may be               
          silently relying on the nonenablement rejection as a basis for              
          the rejection.  The claim language calls for increasing the                 
          current available to the amplifier when slew is expected, which             
          implies that the current is less when slew is not expected and we           
          so interpret the claim.  Wang sets the current to the amplifier             
          based on the desired resolution and for a time until another                
          resolution is set.  Therefore, Wang does not increase the current           
          during an operational phase when slew is "expected."  The                   
          rejection of claim 15 is reversed.                                          

               Claim 16                                                               


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