Appeal No. 96-3040
Application 08/135,650
not apply the output voltage to an internal circuit as claimed [brief, page 14]. The examiner
argues that the internal circuit is a recitation of “intended use” only [answer, page 7]. We
find internal voltage generating circuit 70 of Cho to meet the broad recitation of an internal
circuit. With respect to claim 8, appellants argue that there is no disclosure in Cho of a
buffer means as claimed. The examiner responds that circuit 70 of Cho is a buffer means.
We agree with the examiner that circuit means 70 of Cho meets the recitation of a buffer
means. Dependent claims 4, 5 and 7 are not separately argued by appellants so that they
fall with independent claim 1.
Claim 3 recites that the first temperature coefficient is positive and the second
temperature coefficient is negative. Despite the examiner’s previous assertions that the
temperature coefficient of current source 41 is near zero, the examiner argues that “with
the wide range of transistors disclosed for element 41, is clear that such can have a
‘temperature coefficient’ opposite to that of element 42, provided that the temperature
coefficient of 42 remains dominant to provide the overall temperature coefficient” [answer,
page 7]. The examiner’s position essentially is that the conditions of claim 3 could
inherently occur in the Cho device even though such condition may not be specifically
disclosed in the reference.
If a prior art reference does not expressly set forth a particular element of the claim,
that reference still may anticipate if that element is “inherent” in its disclosure. To establish
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