Ex parte BLUM et al. - Page 4




          Appeal No. 1997-0058                                                        
          Application No. 08/300,399                                                  


          "44 (transistor 45, RC 51, 50) and filter 40, 41.  The                      
          transistor 45 exhibits the function of an amplifier as do all               
          transistors ....  Thus, the limitation of 'an amplifier' is                 
          seen as 44, 40 and 41."  We disagree.  As pointed out by                    
          appellants (Brief, page 11), White's transistor 45 is being                 
          used as a switch with no amplification function.  Therefore,                
          White does not disclose an amplifier, as claimed.                           
          Consequently, we cannot sustain the rejection of claim 1.                   
               Claim 6 does not require an amplifier, but rather recites              
          in pertinent part a step of "applying a maximum slew rate                   
          limit to the sense signal to produce a ... signal having a                  
          slew rate that is prevented from exceeding the maximum slew                 
          rate limit."  As slew rate is defined as slope (see pages 581-              
          2 of Analog Filter Design by M.E. Van Valkenberg, submitted by              
          appellants with the Brief as Exhibit A), the method of claim 6              
          limits the slope of the current sense signal to below a                     
          maximum.  Further, in light of the disclosure, we interpret                 
          the claimed maximum slew rate as a slope less than that of a                
          current spike.                                                              
               The examiner states (Answer, pages 3-4) that White's                   
          Figure 2 shows limiting the slew rate.  In Figure 2 the                     
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