Appeal No. 2003-1262
Application No. 09/620,679
After a review of Knee, we agree with Appellant’s assertion
that the reference provides a plurality of inverter output stages
108, 110, 112 and 114 between a VDD bus 116 and a ground bus 118
(Figure 3 and col. 5, lines 21-30) whereas claim 7 clearly
requires each of the second resistance and the third resistance
be coupled to a second supply voltage, distinct from the first
supply voltage or the ground. In that regard, Knee merely
provides for one supply voltage, VDD bus 116, which can
correspond only to the first supply voltage. Accordingly, Knee
does not anticipate claims 7 and 23-25, and the 35 U.S.C. § 102
rejection of these claims over Knee cannot be sustained.
Turning now to the rejection of claims 8-10, 15 and 16,
Appellant points out that Esch does not describe the selection of
resistance for resistors 262 and 264, as shown in Figure 6
(brief, page 7). Appellant further argues that the reference
merely teaches adjusting the output impedance and lacks the
specific claimed step of selecting an edge rate of a driver
coupled to the divider network based on the manufacturing
process, supply voltage and the temperature (brief, page 8).
In response, the Examiner characterizes the selection based
on 262 and 264 in Figure 6 of Esch as the claimed selection of a
resistance of a divider network (answer, page 8). Additionally,
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