Ex parte WARMERDAM et al. - Page 16




          Appeal No. 2000-0142                                      Page 16           
          Application No. 08/705,569                                                  


               Turning to the subject matter being claimed, claim 19                  
          specifies in pertinent part the following limitations: “a                   
          resistance capacitance (RC) circuit that is substantially                   
          independent of the resistance value of the reference                        
          resistor.”  Giving the claim its broadest reasonable                        
          interpretation, the limitations do not require that an RC                   
          circuit be independent of the reference resistor as implied by              
          the appellants’ argument.  All that is required is that an RC               
          circuit be substantially independent of the reference                       
          resistor.                                                                   


               Turning to the anticipation of the subject matter, the                 
          passage of De La Plaza cited by the examiner and appellants                 
          discloses that the reference’s R C  circuit is substantially                
                                          2 3                                         
          independent of its resistor R .  Specifically, “in the circuit              
                                       1                                              
          according to the invention, the integration time constant is                
          substantially given by the product R C  . . . .”  Col. 6, ll.               
                                              2 3                                     
          45-47 (emphasis added).  Although the passage also mentions an              
          “assumption . . . that R  is much smaller than R ,” id. 47-48,1                    2                             
          the assumption does not defeat the substantial independence of              








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