Ex parte DARDEN et al. - Page 5




          Appeal No. 97-2993                                         Page 5           
          Application No. 08/363,133                                                  


               The examiner’s further reasoning for substituting a                    
          passive low-pass filter for Smith’s S/H circuit, at the bottom              
          of page 6 of the answer, i.e., elimination of noise within the              
          S/H circuit and the elimination of timing circuitry required                
          for the S/H circuit, appears to be based more on appellants’                
          own disclosure of the advantages of the instant invention than              
          on any suggestion by the applied references.                                
               The Ichida reference, employed by the examiner with regard             
          to claim 5 to show a Bessel filter, does nothing to remedy the              
          deficiencies of the Smith and Sedra references.                             
               The examiner’s rejection of claims 1 through 9 under 35                
          U.S.C. 103 is reversed.                                                     


                                       REVERSED                                       




                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JERRY SMITH                   )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               







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