Ex parte HILL - Page 6




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


          data stream 23', has an “on” state (saturation mode ) and an2                        
          “off” state.  The impedance of the combination including PIN                
          diode 27' and inductor 26' changes in accordance with the “on”              
          and “off” state of transistor switch 29.  In the terms of                   
          appellant’s Claims 1 and 10, the PIN diode forms a part of the              
          “first or a second impedance” selected by the “switching                    
          device,” which includes transistor switch 29.  The argued                   
          differences between the claims and Anderson are thus found in               
          the reference.                                                              
               Appellant’s main argument regarding the reference appears              
          to be that the Anderson device requires a PIN diode for proper              
          operation.  The argument is simply irrelevant with respect to               
          the claims as drafted.  Appellant appears to be comparing                   
          disclosure to disclosure, rather than addressing the claims at              
          issue.  However, claims are to be given their broadest                      
          reasonable interpretation during prosecution, and the scope of              
          a claim cannot be narrowed by reading disclosed limitations                 

               The artisan knew that a transistor used as a switch -- as opposed to2                                                                     
          functioning as a linear amplifier -- most commonly operates in saturation mode
          when “on.”  See, e.g., Raymond B. Yarbrough, Electrical Engineering Reference
          Manual, Fifth Edition (1990) at 10-9 (“Most logic circuits use these two    
          extreme regions [i.e., saturation and cutoff regions for an NPN transistor] to
          define the two states needed in binary logic.”)(copy enclosed).             
                                         - 6 -6                                           





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