Ex Parte LEE et al - Page 24




          Appeal No. 2001-0740                                                        
          Application 09/054,415                                                      

               The examiner finds that whenever currents b0, b1, or b2 is             
          deactivated, they can be deemed as being steered away from                  
          current mirrors 40/36, 27/29 which changes the state (i.e., the             
          amount of current flowing) of the current mirror (FR10).                    
               Appellants assert that Wang does not show "steering current            
          from a current source away from one part of a current mirror to             
          cause said current mirror to switch from one state to a second              
          state" as recited in claim 12 (Br14).                                       
               Appellants' mere assertion that Wang does not show the claim           
          limitation does not show the error in the examiner's finding.               
          The rejection of claim 12 is sustained.                                     

               Claim 13                                                               
               The examiner finds that "[c]urrent sources 67D-67F and                 
          68D-68F are selectively activated/deactivated during the                    
          operational cycle of amplifier 5" (FR10).                                   
               Appellants states that this is factually incorrect because             
          "[t]hose current sources are activated as part of the resolution            
          selection process and are done manually by a user according to              
          column 4, lines 17-23" (Br15).  We treat this as an argument with           
          respect to claims 13 and 18.  Appellants also argue that Wang               
          does not show "selectively activating a second power source in              
          conjunction with a first power source during part of a recurring            
          time interval" as recited in claim 13 (Br14).                               

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