Ex Parte RODRIGUEZ et al - Page 4




          Appeal No. 2001-2660                                                        
          Application 09/392,341                                                      


          artisan necessarily would have found it obvious without more                
          evidence to have employed the teaching value of Magee to have               
          minimized or eliminated these prior art detrimental factors of              
          the circuit of prior art Figure 1.                                          
               On the one hand, Magee emphasizes changing the bias voltage            
          to make independent the threshold switching levels of the                   
          transistor circuit of his Figure 1, yet from the nature of the              
          explanation of the operation and disadvantages of appellants'               
          prior art Figure 1, there appears to be no relationship to the              
          problems associated with appellants' prior art Figure 1 and the             
          solution provided by Magee without first understanding the nature           
          of the solution provided by appellants in the disclosed                     
          invention.  The discussion on the disadvantages of appellants'              
          admitted prior art Figure 1 does not indicate necessarily any               
          problem with the threshold voltages of or bias voltages for any             
          transistor of this figure such as to lead the artisan to the                
          solution provided by Magee's Figure 1.  Stated differently, the             
          nature of the problems isolated by the discussion of the prior              
          art in Magee does not appear to us to address or solve directly             
          any of the known problems associated with appellants' prior art             
          Figure 1.                                                                   


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