Appeal No. 1997-0179
Application 08/251,054
distinctly claim the subject matter regarded as the invention. The examiner’s rejection under §
112, second paragraph, is based on the premise that two circuits (e.g., the input circuit and the
feedback circuit) comprise at least one common element (e.g., transistor 212), and the mirroring circuit
is recited as being connected to "separate" feedback and input circuits (Answer, page 4). Our review
of claims 1 and 5 on appeal reveals that the term "separate" is not used to describe the connection of
the input and feedback circuits with the mirroring circuit. Appellant argues (Reply Brief, page 3) that
because node 342 acts as an input circuit to receive the internal reference voltage (V ), element 212 is
INT
not claimed twice and therefore the examiner’s rejection under 35 U.S.C. § 112, second paragraph, is
in error. We agree with appellants. Accordingly, we will not sustain the rejection of claims 1 to 8
under 35 U.S.C. § 112, second paragraph.
Rejection of Claims 1 to 8 Under 35 U.S.C. § 103 Over Fischer Alone
Appellant argues that Fischer fails to teach or suggest the recited feature of a mirrored voltage
(at 86') which is approximately the same as the feedback voltage with respect to an external reference
voltage (Brief, pages 5 to 6). We agree, and we find that the feature recited in claims 1 to 8 on appeal,
of "mirroring said feedback voltage to produce a mirrored voltage . . . approximately the same as said
feedback voltage, said mirrored voltage being measured with respect to said external reference voltage"
(independent claims 1 and 5), is neither taught nor would have been suggested by the prior art to
Fischer.
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