Ex parte FUJII et al. - Page 4




                     Appeal No. 1997-1696                                                                                                                                              
                     Application 08/180,770                                                                                                                                            


                                applying to said third region a second power source potential higher than the first power source                                                       
                     potential thereby preventing an injection of carriers generated at a junction between said first region and                                                       
                     the first current terminal region of said first input field effect transistor into the first current terminal                                                     
                     region of said second input field effect transistor.                                                                                                              

                                The Examiner relies on the following references:                                                                                                       

                     Suzuki et al. (Suzuki)                                                     4,233,672                        Nov. 11, 1980                                         

                     Admitted prior art Figures 1 and 2                                                                                                                                


                                Claims 20 through 28, 30 through 34, 36 through 43 and 45 stand rejected under 35 U.S.C. §                                                             

                     103 as being unpatentable over  Suzuki in view of Appellants' prior art figures 1 and 2.                                                                          

                                Rather than reiterate the arguments of Appellants and the Examiner, reference is made to the                                                           
                     brief  and answer for the respective details thereof.2                                                                                                                                                          

                                                                                   OPINION                                                                                             

                                We will not sustain the rejection of claims  20 through 28, 30 through 34, 36 through 43 and 45                                                        

                     under 35  U.S.C. § 103.                                                                                                                                           

                                The Examiner has failed to set forth a prima facie case.  It is the burden of the Examiner to                                                          

                     establish why one having ordinary skill in the art would have been led to the claimed invention by the                                                            

                     express teachings or suggestions found in the prior art, or by implications contained in such teachings or                                                        


                                2Appellants filed an appeal brief on August 7, 1996.  Appellants filed a reply brief on                                                                
                     December 17, 1996.  The Examiner mailed a communication on February 13, 1997 denying entry of                                                                     
                     the reply brief.  Therefore, the reply brief is not properly before us for our consideration.                                                                     
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