Appeal No. 96-2950 Application 08/145,710 Appellants respond on page 3 of the reply brief that Appellants’ claim 1 recites “second current increasing rate being slower than the first current increasing rate.” Appellants argue that Appellants’ independent claim 1 recites that the current increasing rate refers to the speed or rate of change of the current and not the quantity of the current. We agree and find that Appellants’ claim 1 requires that the rate of increasing change of the second current is slower than the rate of increasing change of the first current. In the supplemental answer, the Examiner argues that Kohda in lines 4-9 of column 8 suggests that current increasing rate can be varied wherein one is slower than another one. Even if this is true, the Examiner has made an anticipation rejection which requires a showing of a teaching of the Appellants’ limitation. The question of whether one of ordinary skill in the art would have reason to modify Kohda’s teaching is not a question before us for our consideration. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007