Ex parte FLANNAGAN - Page 3




          Appeal No. 95-2433                                                          
          Application No. 08/076,080                                                  


          determined by currents I1 and I2 and the voltage on terminal                
          OUT floats to a level which supplies IO under varying load                  
          conditions whereas the second MOS transistor of claim 16 has                
          its source coupled to the I/O terminal.  Accordingly, the                   
          current through the second MOS transistor will vary.                        
               We are unpersuaded by appellant’s arguments since                      
          appellant has derived a circuit (Figure 5 in the request for                
          rehearing) completely by bodily incorporation of elements                   
          without considering the level of skill of the artisan in                    
          determining the obviousness of the instant claimed subject                  
          matter as a whole.  One must look to what the art, as a whole,              
          would have suggested to the skilled artisan and not merely to               
          what a resulting circuit would look like by physically                      
          substituting one element for another in a sequential manner.                
               With regard to the first argument, transistor Q3 of                    
          Nagano has its collector, which is equivalent to the source of              
          a MOS transistor, coupled to the terminal OUT.                              
               With regard to the second argument, transistor Q3 of                   
          Nagano has its emitter, which is equivalent to the drain of a               
          MOS transistor, coupled to current mirror circuit 11.                       
               With regard to appellant’s third argument, as we                       
          explained in our decision, at pages 4-5, while Nagano does                  


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