Ex parte KANNO - Page 4







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



             prevents the nodes at the other ends of resistors 21 and 23 from being considered taps as              
             well.                                                                                                  
                    Although we agree with the examiner’s view that the language "a predetermined                   
             number of taps" may by itself be construed to include only a single tap, the above quoted              
             language of the resistor ladder circuit itself requires at least a plurality or at least two taps      
             to be present for anticipation in a reference when the entirety of the quoted language is              
             considered as a whole.  In this broader context then, the fact that the word taps has been             
             used in its plural form as well as the word voltages has been used in its plural form taken            
             with the use of the phrase "a corresponding number of different divided voltages" indicates            
             that there are in fact a plural number of taps required to yield the corresponding number of           
             "different" divided voltages.  The use of the word "different" clearly conveys an implied              
             comparison among at least two or a plurality of voltages.  We are therefore generally in               
             agreement with appellant’s position in the reply brief set forth in the paragraph bridging             
             pages 5 and 6 thereof.  "If McClure et al. is considered to have one tap, then it would                
             output one different divided voltage (i.e., the number of different divided voltages                   
             corresponding to the predetermined number of taps).  However, appellant submits that                   




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