Ex parte SAKUI et al. - Page 12




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

          transistor operates in a first operating region, as that                    
          region has been claimed.                                                    
               Fourth, Appellant argues that claim 21 requires a                      
          constant collector-emitter voltage V  and the latching action               
                                              CE                                      
          in the Handbook does not take place at a constant V  (Br16).                
                                                             CE                       
          The Examiner disagrees (EA8).  We interpret claim 21 to                     
          require, by its consistent reference to "said positive                      
          collector-emitter voltage V ," the same collector-emitter                   
                                     CE                                               
          voltage V  be maintained upon varying V .  The latching in theCE                         BE                                     
          Handbook does not occur at a constant V  and, thus, it cannot               
                                                 CE                                   
          be found that the claimed circuit operation is anticipated by               
          the Handbook.                                                               
               Because the Examiner has failed to carry his burden of                 
          proof to show inherency of the limitations of claim 21 in the               
          Handbook, the anticipation rejection of claims 21 and 35 is                 
          reversed.                                                                   


               Tsukada                                                                
               Appellants argue that Tsukada does not teach the biasing               
          means and operation recited in claim 21 (Br17).                             



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