Ex parte ALLEN et al. - Page 4




              Appeal No. 1997-0278                                                                                       
              Application No. 08/367,917                                                                                 


              11, 12 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable over Sato  in                     
              view of Lee and Yamamoto.                                                                                  
                     Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                   
              appellants regarding the above-noted rejections, we make reference to the Examiner's                       
              answer (Paper No. 14, mailed July 19, 1996) for the Examiner's complete reasoning in                       
              support of the rejections, and to the appellants’ brief (Paper No. 13, filed May 17, 1996) for             
              the appellants’ arguments thereagainst.                                                                    
                                                       OPINION                                                           

                     In reaching our decision in this appeal, we have given careful consideration to the                 
              appellants’ specification and claims, to the applied prior art references, and to the                      
              respective positions articulated by the appellants and the Examiner.  As a consequence of                  
              our review, we make the determinations which follow.                                                       
                     Appellants argue that Sato does not teach the discharge of a high voltage,                          
              approximately 7-12 volts, at a node across a low voltage transistor to ground as set                       
              forth in independent claims 1, 3, 6, 11 and 16.  (See brief at page 6.)    Appellants also                 
              argue that the 5 volts taught by Sato is not approximately 3 or 7 volts with reference to a                
              low voltage circuit or switch.  (See brief at page 6.)  We agree with appellants.  The                     
              language in each of independent claims 1, 3, 6, 11 and 16 includes a limitation in varied                  
              scope pertaining to the biasing of the transistors to allow the two transistors to                         


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