Ex Parte Nakayama - Page 7



               Appeal 2007-3837                                                                            
               Application 10/631,897                                                                      

           1   Examiner found with respect to Christopher (FFs 4, 5 and 8).  For these                     
           2   reasons, Applicant’s argument is not persuasive.                                            
           3          Applicant next argues that Christopher’s switch means does not                       
           4   function to select outputs of the plurality of signal lines or an all “0” as                
           5   recited per claim 5.  Specifically, Applicant argues:                                       
           6                In Christopher, control signals CO and C1 are input into                       
           7          gate 518.  Gate 518 controls gating circuit 510, while control                       
           8          signal C1 controls gating circuits 512 and 514.  These gating                        
           9          circuits pass the signals from dividers 504, 506, and 508 to                         
          10          summing circuit 516 depending on the control signals C0 and                          
          11          C1.  However, there is no switch in Christopher with the                             
          12          function recited in claim 5 for selecting outputs of said plurality                  
          13          of signal lines or all “0”.  (Br. 10).                                               
          14                                                                                               
          15          Applicant’s argument is conclusory and not meaningful.  Merely                       
          16   rehashing what the reference does show and concluding that it does not meet                 
          17   a particular limitation is not helpful to the trier of fact and certainly does not          
          18   rise to the level of showing error in the Examiner’s findings.  Does the                    
          19   Applicant contend that none of the gates function to select outputs from the                
          20   plurality of signal lines, and if so, why not?  Or does Applicant contend that              
          21   Christopher does not function to select from an “all 0” and if so, why not?                 
          22   Or does Applicant contend that Christopher does not function to do both -                   
          23   that none of the gates function to select outputs from the plurality of signal              
          24   lines and select from an “all 0”, and if so, why not?                                       
          25          The Examiner explicitly found that gating elements 510, 512, and 514                 
          26   (FIG. 6) meet the switching means functional limitation since the outputs of                
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