Ex Parte Macheel et al - Page 11




              Appeal No. 2006-0562                                                                                      
              Application No. 09/952,588                                                                                


              appellants’ argument is not commensurate in scope with the language of the claim                          
              which sets forth a specific structure which is taught and fairly suggested by the prior art               
              combination.  Therefore, we do not find the argument persuasive, and we will sustain                      
              the rejection of claims 41, 43, 44 and 46-52.                                                             
                     We reiterate our same conclusions with respect to the combination of Seshita                       
              and Kamiya with respect to claims 41, 43, 44 and 46-52.                                                   
                     With respect to claims 39-41 and 43-52, we reiterate our same conclusions with                     
              respect to the combination of Kojima and Nakayama.  Appellants argue that neither                         
              Kojima nor Nakayama teaches or fairly suggests controlling the magnitude of high                          
              frequency current delivered to an input bond pad and therefore all of the elements are                    
              not taught or suggested.  (Brief at pages 20-21.)   As discussed above, we disagree                       
              and find that appellants’ argument is not commensurate in scope with the language of                      
              the claim which sets forth a specific structure which is taught and fairly suggested by                   
              the prior art combination.  Therefore, we do not find the argument persuasive, and we                     
              will sustain the rejection of claims 39-41 and 43-52.                                                     
                     With respect to dependent claim 42, appellants argue that none of Kojima,                          
              Nakayama or Vercellotti teach or suggest the controlling as argued and that therefore                     
              all of the limitations are not found in the prior art.  As above, we disagree with                        
              appellants, and will sustain the rejection of dependent claim 42.                                         



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