Ex parte HILL - Page 3




          Appeal No. 1998-0165                                                        
          Application 08/566,270                                                      


               1.   A system for selectably oscillating at a first or a               
          second oscillating frequency, the system comprising:                        
               an oscillator for providing an oscillating output; and                 
               a switching device for selecting a first or a second                   
          impedance in response to a select signal having a voltage,                  
          each of said impedances being fixed independently of the                    
          select signal voltage, said oscillating output oscillating at               
          the first oscillating frequency if said first impedance is                  
          provided and oscillating at the second oscillating frequency                
          if said second impedance is provided, wherein said switching                
          device comprises a transistor driven into a saturation mode if              
          said select signal is at a first voltage and driven into an                 
          off mode if said select signal is at a second voltage.                      
               The examiner relies on the following reference:                        
          Anderson                    5,367,537           Nov. 22, 1994               
               Claims 1-6, 10, 11, 14, and 17-19 stand rejected under 35              
          U.S.C. § 102(b) as being anticipated by Anderson.                           
               We refer to the Final Rejection (Paper No. 10) and the                 
          Examiner's Answer (Paper No. 19) for a statement of the                     
          examiner's position and to the Brief  (Paper No. 18) for1                                       
          appellant’s position.  Subsequent to the Final Rejection,                   
          amendments have been entered to Claims 5 and 9 (Paper No. 12)               
          and to Claim 13 (Paper No. 15), consistent with the examiner’s              
          statement on page 3 of the Answer.                                          

               1We have not considered an initial brief (Paper No. 15) which the      
          examiner held to lack compliance with 37 CFR § 1.192.                       
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