Ex parte TSUCHIDA et al. - Page 6




               Appeal No. 96-2722                                                                                                      
               Application 08/281,168                                                                                                  


               invention was made in light of the collective teachings of applicants’ admitted prior art, Gray and                     

               Meyer, and Bennett.                                                                                                     

                       We agree with the examiner (Answer, pages 5 to 6) that the ordinarily skilled artisan looking at                

               the combined teachings and suggestions of applicants’ admitted prior art, Gray and Meyer, and Bennett                   

               would have modified applicants’ admitted prior art of figure 10 by replacing the resistor R1 with a FET                 

               transistor as taught by Gray and Meyer and Bennett.   We also agree with the examiner (Answer,                          

               pages 5 to 6) that although the circuits of Gray and Meyer and Bennett are "upside down" with respect                   

               to prior art Figure 10, it would further have been obvious in light of applicants’ admitted prior art Figure            

               12 (which is "right side up") to make the connections between the transistors as claimed.  We note that                 

               while appellants aver that the structure and connections of the recited invention are neither taught nor                

               suggested by Gray and Meyer and/or Bennett (Brief, pages 6 to 7), appellants have not rebutted the                      

               examiner’s reliance upon Figure 12 of applicants’ specification (which is admitted prior art) as teaching               

               or suggesting the recited structure and connections.                                                                    

                       The most critical issue in this case before us is whether or not the applied prior art would have               

               taught or suggested replacing Figure 10's resistor R1 with MOS transistor(s) (Q8-Q10).  Appellants,                     

               through their representative, admitted at the Oral Hearing of August 5, 1999, that it would have been                   

               obvious to replace resistor R1 with the FET of Gray and Meyer or Bennett.  The question thus                            

               becomes whether or not it would have been obvious to use a MOS transistor.  The examiner (Answer,                       


                                                                  6                                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007