Appeal No. 2005-1576
Application No. 09/885,217
We further find to be unpersuasive Appellants’ argument
(Reply Brief, page 2) that, unlike the claimed invention, the
reference signal in Morishita does not have a desired
relationship with the external voltage. In support of this
contention, Appellants rely on certain portions of Morishita
which, in their view, suggest that no reference voltage is
produced until the external voltage exceeds a predetermined
voltage level.
It is our opinion, however, that even assuming, arguendo,
that Appellants’ characterization of the operation of the
circuitry of Morishita is correct, such circuit operation in fact
satisfies the language of claim 223. In other words, the fact
alone that a reference voltage in Morishita may not be produced
until an external voltage exceeds a prescribed level establishes,
in our view, a desired relationship with such external voltage.
Similarly, the reliance on the attaining of a voltage level by
the external voltage in Morishita before a reference voltage is
produced makes Morishita’s reference voltage dependent on the
external voltage as claimed.
In view of the above discussion, since the Examiner’s prima
facie case of anticipation has not been overcome by any
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