Ex parte PORTER et al. - Page 9




          Appeal No. 1996-3126                                                        
          Application No. 08/300,586                                                  


          Accordingly, we cannot sustain the rejection of claims 2 and                
          22 over Krauss.                                                             
               As explained above, neither Sokal nor Krauss has a                     
          varactor capacitance.  Therefore, Sokal and Krauss clearly do               
          not include a substantial varactor capacitance as recited in                
          claims 3 and 23.  Accordingly, we cannot sustain the                        
          anticipation rejection of claims 3 and 23 over Sokal nor                    
          Krauss.                                                                     
               Claims 5 and 25 recite a voltage immediately prior to the              
          switch's turning on equal to about 50% of the supply voltage.               
          Sokal shows in Figure 4A a peak voltage of 3.47 V  - 2.47 V .cc        CE               
          A graphical calculation of V  shows that the voltage step just              
                                      cc                                              
          before turn-on of the switch is approximately 50% of the                    
          supply voltage V .  Similarly, Figure 14-8 of Krauss would                  
                          cc                                                          
          appear to have a voltage at turn-on of the switch at about 50%              
          of the supply voltage.  However, neither reference indicates                
          what type of scale is used for the vertical axis of the graph.              
          As appellants assert (Reply Brief, page 6) that "[i]t is not                
          uncommon for voltage and current waveforms to be plotted on                 
          semi-log graphs rather than on a linear-linear scale," we find              
          that the value of the voltage step relative to the supply                   
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