Ex parte O'CONNOR - Page 2




            Appeal No. 1997-3843                                                                              
            Application No. 08/221,030                                                                        


                                               BACKGROUND                                                     

            The appellant's invention relates to a first order tuning circuit for a phase-locked loop.        
                                                                                               1              
            An understanding of the invention can be derived from a reading of exemplary claim 1 ,            
            which is reproduced below.                                                                        
            1.     A phase-locked loop circuit, comprising:                                                   
                   a clock input for receiving a data clock signal having an input frequency;                 
                   a voltage controlled oscillator for generating a VCO output clock signal having an         
            output frequency controlled by a voltage across a capacitor;                                      
                   a tuning circuit for generating first and second control signals in response to the        
            input frequency of the data clock signal and the output frequency of the VCO output clock         
            signal; and                                                                                       
                   means for applying both the first and second control signals to the capacitor to           
            apply and remove charge to the capacitor proportional to the phase overlap between the            
            first and second control signals.                                                                 

            The prior art references of record relied upon by the examiner in rejecting the appealed          
            claims are:                                                                                       
            Nishita et al. (Nishita)               5,052,022                 Sep. 24, 1991                    
            Pearson                                5,276,712                 Jan. 04, 1994                    




                   The examiner indicated in the answer at page 2 that the amendment after final rejection, filed on1                                                                                         
            Feb. 27, 1997, has been entered.  We note that this amendment was actually filed on Feb. 12, 1997 with
            the Appeal Brief and has not been officially entered in the file wrapper.  No Advisory action was mailed in
            response to the amendment.  Since the examiner has expressly indicated that the amendment was     
            entered, we consider claim 1 as amended.                                                          
                                                      2                                                       





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