Ex parte METLITSKY et al. - Page 12




          Appeal No. 1999-1345                                      Page 12           
          Application No. 08/482,556                                                  


          switch Q4.  The appellants admit, “C13 and C21 have ... one                 
          node in common, ground.”  (Reply Br. at 4.)  Moreover, the                  
          Figure shows that capacitor C21 is in series with switch Q4                 
          and that capacitor C13 and the combination of capacitor C21                 
          and switch Q4 are both connected a node shown above resistor                
          R20.                                                                        


               Cumulatively, the Figure also depicts capacitor C14,                   
          capacitor C22, and switch Q5.  The appellants admit, “C14 and               
          C22 have ... one node in common, ground.”  (Id.)  In addition,              
          the Figure shows that capacitor C22 is in series with switch                
          Q5 and that capacitor C13 and the combination of capacitor C22              
          and switch Q5 are both connected a node shown above resistor                
          R21.                                                                        


               Because Hebert’s capacitor C13 and C14 are connected                   
          between the same pair of nodes as its capacitor C21 and C22,                
          respectively, in series with switch Q4 and Q5, respectively,                
          we are persuaded that the reference discloses the limitations               
          of "a first capacitor which is in parallel with a second                    









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