Ex Parte Komoda - Page 4




            Appeal No. 2004-1839                                                                              
            Application No. 09/921,604                                                                        

            F.2d 1048, 1051, 189 USPQ 143, 146-147 (CCPA 1976).  Only those arguments                         
            actually made by appellant have been considered in this decision.  Arguments which                
            appellant could have made but chose not to make in the brief have not been considered             
            and are deemed to be waived [see 37 CFR 1.192 (a)].                                               
                   It is the examiner’s position that Young discloses the claimed subject matter but          
            for replacing a driving circuit for driving a victim wire with another one having a higher        
            driving ability.  The examiner contends, however, that it was well known to size a                
            driver/buffer up or down, and that it would have been obvious to replace one driver with          
            another driver as this would equally increase drivability and eliminate violations of             
            crosstalk noise or glitch error.                                                                  
                   For his part, appellant argues that Young discloses the elimination of crosstalk by        
            either (a) changing the wire spacing or (b) inserting repeaters in the victim’s signal, but       
            nothing therein suggests “replacing” a driving circuit with another one.  Thus, contends          
            appellant, Young changes wire spacing, by placing wires further apart to decrease                 
            interference therebetween, and/or “adds” to the existing circuitry by inserting repeaters,        
            but neither increasing wire spacing nor “adding” repeaters is the same as “replacing”             
            drivers, as claimed.                                                                              







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