Ex Parte MAGERLEIN et al - Page 9




          Appeal No. 2001-1444                                                        
          Application No. 08/994,706                                                  


          equalization, i.e., a 1.1 ratio of load resistance to                       
          characteristic impedance, the explicit disclosure of Yamashita              
          directs the reader away from such impedance equalization.  For              
          example, Yamashita, at column 10, lines 63-65, states “ . . . it            
          is effective to set the ratio " of the resistance RL to the                 
          characteristic impedance ZO to the range of from 4.5 to 5.0                 
          times.”                                                                     
               In view of the above discussion, since all of the                      
          limitations of independent claim 18 are not taught or suggested             
          by the Yamashita reference, the Examiner has not established a              
          prima facie case of obviousness.  Accordingly, the Examiner’s               
          35 U.S.C. § 103(a) rejection of claim 18, as well as claims 19,             
          20, 22, and 23 dependent thereon, is not sustained.                         
               Turning to a consideration of the Examiner’s separate                  
          obviousness rejection of appealed claims 18-20, 22, and 23 based            
          on Yamamura, we do not sustain this rejection as well.  As with             
          the rejection based on Yamashita discussed supra, the                       
          underpinnings of the Examiner’s position rest on the supposition            
          that, although Yamamura does not specifically disclose the                  
          equalization of impedances, it is well known that impedances                
          should be equalized for maximum damping.  It is our view,                   
          however, that, similar to the factual situation involving                   

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