Ex parte KIRKPATRICK - Page 8




          Appeal No. 1997-0440                                                        
          Application No. 08/582,237                                                  
          second paragraph, discussed above.  Therefore, we do not                    
          sustain the rejection of claim 5 under 35 U.S.C. § 112, second              
          paragraph.     Claims 1, 2, and 5 to 7 under 35 U.S.C. § 102                
          over Beaudette                                                              
               We consider claim 1 as the representative claim of the                 
          group.  The Examiner has detailed the manner in which he reads              
          the claimed structure on Beaudette [answer, page 4].                        
          Furthermore, in response to Appellant’s arguments [brief,                   
          pages 28 to 33], the Examiner has provided an explanation                   
          [answer, pages 10 to 11] as to how Beaudette meets the claimed              
          limitation of “said second amplifier being a current sourcing               
          comparator and said second output being connected to provide a              
          current to said first input to prevent an increase in the                   
          magnitude of said output.”   We do not find any specific                    
          arguments by Appellant to counter the Examiner’s specific                   
          analysis.  Appellant only offers mere comments and an opinion,              
          but these cannot take the place of specific factual counter                 
          evidence.  Therefore, we agree with the Examiner that, in                   
          Beaudette, using the terminology for the circuit components as              
          identified the Examiner, the second amplifier serves as a                   
          current source and a comparator and supplies its output (i.e.,              
          the second output at the node between resistors R2 and R3) to               
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