Ex parte TSUKUDE et al. - Page 7




              Appeal No. 96-3040                                                                                             
              Application 08/135,650                                                                                         



                      With respect to the recitation in claim 1 that the two resistors have different                        
              temperature coefficients, the examiner explains that the constant current source 41 of Cho                     
              would have a temperature coefficient near zero while the temperature coefficient of                            
              transistor 42 would be significant as shown in Cho’s Figures 3-5 [answer, pages 4-5].  We                      
              agree with the examiner that Cho discloses that the current source remains basically                           
              unaffected by temperature changes while the transistors are significantly affected.  Thus,                     
              we agree with the examiner that transistor 42 and current source 41 of Cho act as two                          
              resistor means that have different temperature coefficients.  Appellants’ argument                             
              regarding the similarity of the temperature coefficients of elements 40 and 50 of Cho is not                   
              persuasive because it is elements 42 and 41 of Cho which are critical to the claim, not                        
              elements 40 and 50.                                                                                            
                      For all the reasons just discussed, we conclude that independent claim 1 is fully met                  
              by the disclosure of Cho.  Since independent claims 30 and 36 are basically argued in the                      
              same manner as claim 1, these claims are also fully met by the disclosure of Cho.                              
                      With respect to claims 2 and 31, appellants argue that there is no disclosure in Cho                   
              that current source 41 would have a smaller temperature coefficient than transistor 42.  As                    
              just noted above, however, the current source of Cho has a temperature coefficient near                        
              zero while the temperature coefficient of transistor 42 is significant.  Therefore, these                      
              claims are anticipated by Cho.  With respect to claim 6, appellants argue that Cho does                        

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