Ex Parte DONG - Page 7



                    Appeal No. 2004-1487                                                                                                                                  
                    Application No. 09/085,519                                                                                                                            

                    1617 (Fed. Cir. 1999).  "Mere denials and conclusory statements,                                                                                      
                    however, are not sufficient to establish a genuine issue of                                                                                           
                    material fact."  Dembiczak, 175 F.3d at 999, 50 USPQ2d at 1617,                                                                                       
                    citing McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576,                                                                                        
                    1578, 27 USPQ2d 1129, 1131 (Fed. Cir. 1993).                                                                                                          
                              The Examiner agrees that Mendis does not expressly teach an                                                                                 
                    analog-to-digital converter.  See page 5 of the answer.  The                                                                                          
                    examiner points out that Panicacci teaches an analog-to-digital                                                                                       
                    converter.  The Examiner further points out that Nishiki also                                                                                         
                    teaches subtraction in the digital domain.  See page 5 of the                                                                                         
                    answer.  However, the Examiner has failed to find any evidence of                                                                                     
                    record that supports that one of ordinary skill in the art would                                                                                      
                    have reason to make the proposed modification to Mendis.                                                                                              











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