Ex Parte KUPPUSWAMY et al - Page 6




          Appeal No. 2001-1955                                                        
          Application 08/989,917                                                      


          depending upon use.   Even if there are only two or a plurality             
          of interconnected stages, at least one stage is connected in the            
          manner claimed to the extent it is recited in the claim.                    
               Independent claims 19 and 21 are respective method and                 
          method of manufacturing claims reciting essentially the same                
          subject matter between them.  McKinney does disclose in our view            
          a data circuit in his drawing figure that includes a plurality of           
          cascaded delay stages 1-N which may be selected for inclusion in            
          a path of propagation of the output signal based on the value of            
          a selection signal.  We agree with the examiner's view that                 
          claims 19 and 21 are met by the teachings and showings in                   
          McKinney since this reference essentially does vary the nature of           
          the selection signal until the path of propagation imposes a                
          desired delay upon the output signal which is essentially                   
          therefore fixed because the reference's aim as expressed in the             
          initial paragraph at column 1 of McKinney's patent is to provide            
          a programmable variable length delay circuit. It is clearly going           
          to be programmed or varied to the extent the desired delay is               
          achieved, and therefore it is programmed or fixed once that delay           
          is achieved.                                                                




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