Appeal No. 95-3592
Application 08/109,203
claimed invention." RCA Corp. v. Applied Digital Data Sys.,
Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.),
cert.
dismissed, 468 U.S. 1228 (1984), citing Kalman v. Kimberly-
Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.
1983), cert. denied, 465 U.S. 1026 (1984).
Appellants argue in the brief, reply brief and
supplemental reply brief that Shirato does not teach a
resistive means having a resistance responsive to the voltage.
We note that Appellants' claim 1 recites "a resistive means
being electrically connected between said first heavily doped
region and said second heavily doped region having a
resistance responsive to the voltage between said first
heavily doped region and said second heavily doped region."
The Examiner argues that Shirato teaches Appellants'
claimed resistive means. The Examiner shows that Shirato's
element 26 of a cross sectional view of a protection device in
Figure 1(a) is a resistive means being electrically connected
between said first heavily doped region and said second
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