Appeal No. 1997-1505 Page 16
Application No. 08/580,778
that Wahler (col. 3, lines 54-61) describes the ÷N programming
fraction as follows
The output of VCO 20 is applied as one input of
programmable divider 16, which also receives the
programming fraction N and a reset signal from a
zero phase start up circuit 24. Programmable
divider 16 divides the output of VCO 20 by
the factor N in order to provide the phase
comparator in detector 14 with a VCO signal
at the proper frequency for a given data rate,
which is typically, for MFM encoding, at
250 kHz . . . .”
From the teachings of Wahler, we find that the examiner has
failed to establish that the “means, not shown, providing ÷N”
of Wahler, would meet the claim language of a reference
voltage generator including frequency adjustment means
operable for adjusting loop frequency until a desired
reference voltage is generated and a circuit arrangement for
locking the loop frequency at a value whereat the desired
reference voltage has been attained as required by independent
claim 5. As stated by the court in In re Hiniker Co., 150
F.3d 1362, 1369, 47 USPQ2d 1523, 1529 (Fed. Cir. 1998) “[t]he
name of the game is the claim.” Claims will be given their
broadest reasonable interpretation consistent with the
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