Ex parte BUSCHULTE - Page 5




          Appeal No. 96-3101                                                           
          Application 08/020,570                                                       


          claim 1. With regard to claim 1 (see page 30 of the brief),                  
          the only limitation expressly argued as a distinction over the               
          European patent document is the recitation that the resistance               
          of the threshold value switch is varied between its lower and                
          higher resistance states for activating and deactivating the                 
          associated image point or ?region? as it is called in the                    
          claim. We cannot agree with appellant’s position for the                     
          reasons stated by the examiner as quoted supra. When rendered                
          conductive by a triggering voltage, the transistor 16 of the                 
          European patent document will have a low resistance state, and               
          when rendered nonconductive by reducing the base or gate                     
          voltage to zero, the transistor 16 will have a high resistance               
          state.                                                                       


               Admittedly, the transistor 16 in the addressing circuit                 
          of the European patent document is a three terminal device,                  
          not a two terminal device as argued by appellant on page 28 of               
          the brief. However, none of the appealed claims is limited to                
          a two terminal switch with the exception of claim 13.                        
          Therefore, as far as claims 1 through 12 and 14 through 30 are               
          concerned, this argument, like others made in the argument                   
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