Ex parte MIYAZAKI - Page 5




          Appeal No. 96-3258                                                          
          Application 08/241,875                                                      


          Additionally, the claimed first and second currents would                   
          appear only to correspond to currents I  and I  of1      2                             
          representative Figure 1, for example.  This study of the                    
          claimed invention in light of the disclosure reveals a very                 
          glaring discontinuity.  The claimed switching element,                      
          comprising the last two clauses of representative claim 4 on                
          appeal, is disclosed to be the NMOS transistor NT in                        
          representative Figure 1 and the other figures as well, even                 
          the conventional circuit shown in Figure 8. Note the                        
          discussion of this latter figure at the middle of page 1 of                 
          the specification indicates that “NT represents an NMOS                     
          transistor used as a switching element.”  A similar                         
          correspondence has been established at the bottom of page 6 of              
          the specification, the top of page 7 and the entire short                   
          paragraph at the bottom of page 14.  The language of                        
          representative claim 4 relating to the claimed switching                    
          element does not clearly correspond to the switching element                
          of the disclosed invention.                                                 
               All of these above problems are further compounded when                
          appellant’s arguments are considered in the Brief on appeal in              
          at least two respects.  At the beginning of the long paragraph              
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