Ex parte MCMAHAN et al. - Page 5




          Appeal No. 95-4154                                                          
          Application 08/122,193                                                      

               control circuit 25 may be configured the same way as                   
               the control circuit 24 but with different polarities of                
               the control signal 27.                                                 
               The appellants correctly assert (Br. at 5, lines 31-33) that           
          in Asano, the selection of the input A merely calibrates the                
          range of control values to correspond to the full range of the              
          drain current of the monitoring transistor 20.  Precisely what              
          output impedance the circuit will have depends on the detected              
          drain current during operation.  The appellants are correct that            
          such functionality of Asano does not allow the user to "select              
          predetermined discrete, output impedances of the circuit" (Br. at           
          5, lines 23-25).  The objective of Asano is to automatically                
          match the output resistance of the circuit with the impedance of            
          the transmission line (column 2, lines 43-45), not to have user             
          selection of predetermined discrete, output impedances.                     
               We decline to read the claim language on user selection of             
          "predetermined discrete, output impedances of the circuit" so               
          broad as to cover the case of having a number of possible                   
          impedance values based on another parameter over which the user             
          does not control, i.e., the drain current of Asano’s monitoring             
          transistor 20.  In the context of the appellants’ specification,            
          "select" means choosing a particular value or setting.  The                 
          language of selecting predetermined discrete output impedances              


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