Ex Parte LEE et al - Page 18




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

               Appellants argue that Mizuide does not teach or suggest the            
          relationship among current sources and active devices recited in            
          claim 11 (Br17).                                                            
               The examiner states that it would have been obvious to                 
          replace the bipolar transistors in Mizuide with field effect                
          transistors (FETs) to improve ease of manufacturing, which                  
          structure would then satisfy the structural limitations (EA21).             
               The examiner's reasoning is based on nothing but hindsight.            
          Moreover, it is just not clear that replacing bipolar transistors           
          with FETs will meet the claimed structure.  The rejection of                
          claim 11 is reversed.                                                       

               Claim 14                                                               
               Appellants argue that Mizuide does not disclose a "clocked             
          amplifier" and fails to disclose the step of "providing different           
          power levels to said amplifier during at least two respective               
          time intervals separated by clock signals" (Br17-18).                       
               The examiner states that when used within an operational               
          amplifier with a switched capacitor input circuit, the overall              
          circuit could be deemed a clocked amplifier having different                
          power levels (EA21).                                                        
               The examiner provides no reference or motivation for using             
          the differential comparator with hysteresis characteristics of              



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