Ex parte MCCLURE - Page 13




          Appeal No. 1997-1644                                      Page 13           
          Application No. 08/367,681                                                  



               ... Boomer merely preserves the option of                              
               programming the driver during use.  Certainly, they                    
               could be programmed any time prior to that if the                      
               additional feature of flexibility was not needed.                      
               Moreover, appellant is touting the commonplace                         
               method of programmability.  If the flexibility of                      
               programming provided by Boomer was superfluous to                      
               the application, then it would have been obvious to                    
               Boomer to program the circuit when it was most                         
               convenient with the motivation of yielding to the                      
               particular requirements of the application.                            
               (Examiner’s Answer at 4.)                                              

          We agree with the examiner.                                                 


               Claim 11 specifies in pertinent part that the “means for               
          controlling the slew rates of said output drivers includes                  
          control circuitry containing resistors programmable by                      
          interconnect definition during device fabrication.”                         


               The appellant again errs in determining the content of                 
          the prior art.  In particular, his characterization of Boomer               
          as “a circuit which must be programmed for each use,” (Reply                
          Br. at 6), is specious.  Workers in the art would have known                
          that the reference’s programmable resistors, R  and R , wereP      N                      
          initially programmed to achieve an acceptable slew rate.  Once              








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