Ex Parte LEE et al - Page 11




          Appeal No. 2001-0740                                                        
          Application 09/054,415                                                      

          e.g., a time when slew is expected.  However, there is nothing in           
          Mizuide that positively requires a change in current during                 
          operation; this would depend on V 1 and V2 and whether V1 is                
          increased or V2 is decreased (col. 7, lines  20-52), which may or           
          may not happen.  Therefore, it cannot be said that Mizuide                  
          inherently provides high power at one portion of an operational             
          cycle and low power otherwise.  The anticipation rejection of               
          claims 1, 5, 7, and 8 over Mizuide is reversed.                             

               Claim 10                                                               
               Appellant argues that Mizuide does not show "an active                 
          element, connected to said current sources so that only one                 
          current source is active during an operational phase when power             
          requirements are relatively low and so that both current sources            
          are active during an operational phase when power requirements              
          are relatively high" as recited in claim 10 (Br12).                         
               The examiner finds that Mizuide's 1, 3, 7, 9 can be deemed             
          an active element and current mirrors 55 and 61 can be deemed two           
          current sources where current source 55 is active during low                
          power requirement phases and both current sources are active                
          during high power requirement phases (FR8-9; EA15).                         
               Claim 10 does not recite any "cycle" limitations or any                
          "amplifier" limitations on the nature of the active element.                
          Claim 10 is a very broad claim and appellants have not shown                

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