Ex Parte Komoda - Page 7




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

                   Since the instant claims require “replacing a driving circuit...with another one           
            having a higher driving ability than the driving circuit” and, broadly, this is what would        
            essentially occur via the “addition” of another driving circuit, the instant claimed subject      
            matter would appear to be met.                                                                    
                   The question here, as we see it, is whether either of the references suggests the          
            replacement, or addition, of “driving circuits.”   Tam seems to focus on a “buffer” while         
            Young focuses on “repeaters.”                                                                     
                   Tam discloses minimizing glitches by “increasing the size of the output buffer,”           
            but the examiner has offered no evidence that equates Tam’s output buffer to the                  
            claimed “driving circuit.” Moreover, appellant challenges the disclosure of a “driving            
            circuit” by Tam, at page 2, line 2, of the reply brief, stating that “[n]owhere in Tam does       
            Tam show, teach or suggest any drive circuit.”  Since the examiner has not provided               
            evidence to the contrary, we are constrained to agree with appellant that Tam’s output            
            buffer is not a “driving circuit,” as claimed.                                                    
                   We find otherwise with regard to the Young disclosure. The addition of repeaters           
            to a circuit in order to eliminate crosstalk noise, in Young, appears to act as an addition       
            of a “drive circuit” and appellant does not appear to deny this.                                  







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