Ex parte MIYAZAKI - Page 6




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


          at page 8 of the Brief on appeal, the claimed switching                     
          element has been stated to correspond to the transistor Q ,                 
                                                                   3                  
          whereas the lower portion of this same paragraph at the bottom              
          at page 8 indicates that this transistor is characterized as                
          an output transistor, which feature and characterization is                 
          more consistent with the disclosed invention.  Again, at the                
          middle and bottom at page 9 of the Brief on appeal, the                     
          claimed switching element recited in representative claim 4 on              
          appeal is again said to correspond to transistor Q .  Also at               
                                                            3                         
          the bottom of page 9 of the Brief, the claimed first current                
          is said to correspond to I  and the claimed second current is               
                                    1                                                 
          said to correspond to the feedback current IFB, which is                    
          further characterized as being a modified version of I .  In                
                                                                2                     
          addition to separately characterizing IFB as a separate                     
          subcurrent from I  and I  in the disclosed invention, this1     2                                                    
          characterization of appellant adds further ambiguity to what                
          would appear to have been a normally clear correspondence of                
          the claimed first and second currents with the latter two                   
          respective currents in representative Figure 1.  In any event,              
          this concern along with the discontinuity between the argued                
          meaning of the claimed switching element and the disclosed                  
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