Ex parte KANNO - Page 3







             Appeal No. 1999-1634                                                                                   
             Application 08/729,399                                                                                 



                    Rather than repeat the positions of the appellant and the examiner, reference is                
             made to the briefs and the answer for the respective details thereof.                                  


                                                     OPINION                                                        
                    After conducting a detailed study of the disclosed and claimed invention, as well as            
             the teachings and suggestions of the applied prior art, taken with the positions of the                
             appellant and the examiner in the respective briefs and answer, we conclude that the                   
             rejection of claims 1, 7, and 9 under 35 U.S.C. § 102 cannot be sustained and, in turn, the            
             rejection of the respective dependent claims under 35 U.S.C. § 103 cannot be sustained.                
                    The claimed resistor ladder circuit in each of independent claims 1, 7 and 9 on                 
             appeal recites that it has "a predetermined number of taps for outputting a corresponding              
             number of different divided voltages obtained from a voltage generated by said reference               
             voltage generator."  In applying Figure 2 of McClure, the examiner takes the view that the             
             language "a predetermined number of taps" clearly is met by the Figure 2 of McClure by its             
             showing of a single predetermined tap at the node between resistors 21 and 23, the tap                 
             feeding the base of transistor 28.  The examiner takes the further view that nothing                   




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