Ex parte RICOTTI et al. - Page 7




          Appeal No. 1998-0992                                                         
          Application 08/706,978                                                       

          Q7 times what?  Nothing meaningful in that regard has been set               
          forth by the examiner as an explanation.  On this record, we                 
          have only the examiner’s speculation.  Moreover, V  is                       
                                                             o                         
          temperature stable and V  is not.  That indicates that V  isbe                             o                   
          not simply a divided down fraction or fixed proportion of the                
          base-emitter voltage V  of Q7.                                               
                                be                                                     
               The rejection of claims 1-3 and 6-22 as being anticipated               
          by Henry is reversed.                                                        

          The Obviousness Rejection                                                    
               The rejection of claims 1-3 and 6-22 under 35 U.S.C. §                  
          103 as being unpatentable over Yu and Kimura cannot be                       
          sustained.                                                                   
               As in the case of Henry already discussed above with                    
          regard to the anticipation rejection, the examiner has not, in               
          this obviousness rejection, sufficiently accounted for the                   
          “constant fraction,” “pre-established fraction,” and “divided                
          down fraction” feature contained in the claims on appeal with                
          respect to the relationship between the first component term                 
          to be summed and the base-emitter voltage V  of a bipolar                    
                                                      be                               
          transistor.                                                                  


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