Ex parte PEETERS - Page 6




             Appeal No. 1997-3098                                                                                 
             Application 08/377,776                                                                               


             such that it is out of phase with the input to a probe would                                         
             have fairly suggested, to one of ordinary skill in the art,                                          
             using first and second pluralities of input drive pulses to                                          
             the probes in the Birdsong system which are 180E out of phase                                        
             with each other.                                                                                     
                    For the above reasons we find that the examiner has not                                       
             set forth a factual basis which is sufficient for supporting a                                       
             conclusion of obviousness of the invention recited in                                                
             appellant’s claims 1-4 and 8-11.  The rejection of these                                             
             claims, therefore, is reversed.                                                                      
                                           Claims 5-7 and 12-14                                                   
                    Claims 5-7 and 12-14 require an integrator circuit or                                         
             means for integrating which is capable of integrating the                                            
             probe test signals and threshold test signals.                                                       
                    The examiner argues that summing point 47 of Tucci ‘557                                       
             functions as an integrator circuit or means for integrating                                          
             because it algebraically sums two currents (answer, pages 3                                          
             and 7).  Appellant argues that algebraically summing two                                             
             currents is not the same as integrating each test signal                                             
             (brief, page 10).                                                                                    
                    An integrator is “[a] circuit or device whose output is                                       
                                                       -6-6                                                       





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