Appeal No. 1997-3956
Application 08/583,960
1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied, 519
U.S. 822 (1996), citing W. L. Gore & Assocs., Inc. v. Garlock,
Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983),
cert. denied, 469 U.S. 851 (1984).
In regard to the rejection of claim 6 under 35 U.S.C. §
103 as being unpatentable over Tsuji in view of Yamada,
Appellant argues on page 5 that Tsuji fails to teach "said
third voltage dividing elements including one of a capacitor
string comprising a plurality of series-connected capacitors
and a resistor string comprising a plurality of series-
connected resistors, each resistor of the resistor string
having a high resistance sufficient to avoid influencing the
determined regions of the second voltage dividing elements" as
recited in claim 6. Appellant further argues on page 6 of the
brief, that Yamada discloses capacitor elements for an A/D
converter, however, Yamada fails to disclose the function of
the capacitor elements as the same function as claimed in
claim 6.
On page 3 of the answer, the Examiner admits that Tsuji
does not disclose specific construction of the referenced
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