Ex parte FURUTANI et al. - Page 8




          Appeal No. 96-2950                                                          
          Application 08/145,710                                                      







               Appellants respond on page 3 of the reply brief that                   
          Appellants’ claim 1 recites “second current increasing rate being           
          slower than the first current increasing rate.”  Appellants argue           
          that Appellants’ independent claim 1 recites that the current               
          increasing rate refers to the speed or rate of change of the                
          current and not the quantity of the current.  We agree and find             
          that Appellants’ claim 1 requires that the rate of increasing               
          change of the second current is slower than the rate of                     
          increasing change of the first current.                                     
               In the supplemental answer, the Examiner argues that Kohda             
          in lines 4-9 of column 8 suggests that current increasing rate              
          can be varied wherein one is slower than another one.  Even if              
          this is true, the Examiner has made an anticipation rejection               
          which requires a showing of a teaching of the Appellants’                   
          limitation.  The question of whether one of ordinary skill in the           
          art would have reason to modify Kohda’s teaching is not a                   
          question before us for our consideration.                                   




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