Ex parte SAKUI et al. - Page 10




          Appeal No. 1997-3444                                                        
          Application 08/268,728                                                      

          skilled in the art as a direct anticipation of the claimed                  
          invention, whether the reference suggests using such operation              
          or avoiding it" (EA6-7).                                                    
               The fact that the transistor in the Handbook has a                     
          "latch-up" region of operation is not sufficient evidence to                
          prove inherency of the specific operations in claim 21.                     
          First, the Examiner has not shown the existence of "a boundary              
          point between the second and third operation regions" in the                
          Handbook.  It is not even apparent where the three regions                  
          could be in the diagrams showing the avalanche region, such as              
          figure 3-15, because the diagrams are not defined in terms of               
          V .                                                                         
           BE                                                                         
               Second, the Examiner has not shown how the Handbook                    
          anticipates the limitation of "means for biasing . . .                      
          including means for varying a voltage applied to the base of                
          said bipolar transistor so that when V  exceeds a                           
                                                BE                                    
          predetermined threshold and the voltage applied to the base of              
          the bipolar transistor is removed by said means for biasing,                
          the transistor is self-latched at the boundary between the                  
          second and third operating regions to output from the base of               
          the bipolar transistor an output voltage at a first level."                 

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