Ex parte WU - Page 7




          Appeal No. 97-2630                                                          
          Application 08/186,050                                                      

          Ethernet controller can operate within an acceptable error                  
          margin.  All that must happen is that noise caused by digital               
          circuitry be limited.  Accordingly, any reduction in the                    
          digital noise, including that made possible by what the                     
          appellant has referred to as “standard steps” (Brief at page                
          5) for isolating analog and digital components, is sufficient               
          to meet the claim.  While the resulting structure may not be                
          as reliable as one made according to additional steps taken to              
          further reduce the digital noise, it cannot be said that the                
          resulting device is either unfunctional or without utility.                 
          The law does not require commercial grade performance in all                
          devices properly deemed obvious over the prior art.  All of                 
          the teachings of the prior art, including nonpreferred                      
          embodiments, are relevant.  See, e.g., In re Lamberti, 545                  
          F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976).  It is evident                
          that the appellant should have inserted into claim 1 a                      
          specific error margin that must not be exceeded, but that the               
          appellant has not done.                                                     
               The appellant has acknowledged and referred to “standard               
          steps” for noise reduction, and the examiner has found that                 
          certain noise reduction techniques on integrated circuit chips              

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