Ex parte FURUTANI et al. - Page 6




          Appeal No. 96-2950                                                          
          Application 08/145,710                                                      


               means provides a first current increasing rate in the                  
               first state and said current providing means provides a                
               second current increasing rate in the second state,                    
               said second current increasing rate being slower than                  
               said first current increasing rate.  [Emphasis added.]                 
               Appellants argue on pages 7 and 8 of the brief that neither            
          Davis nor Kohda teaches the Appellants’ claimed limitations as              
          required under 35 U.S.C. § 102.  In particular, Appellants argue            
          that Davis does not disclose two different states as well as                
          provide a second current increasing rate that is slower than                


          the first current increasing rate.  Appellants further argue that           
          although Kohda does disclose two different states, Kohda does not           
          disclose a second current increasing rate being slower than the             
          first current increasing rate.                                              
               On page 4 of the answer, the Examiner argues that Davis                
          teaches a current increasing rate control means shown as elements           
          R2, 44 and P2 in Figure 1.  However, the Examiner does not                  
          respond to Appellants’ arguments that Davis does not teach two              
          different states or that the current increasing rate control                
          means provides a second current increasing rate that is slower              
          than the first current increasing rate.                                     
               Upon a careful review of Davis, we fail to find that Davis             
          teaches                                                                     

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