Ex parte CAESAR et al. - Page 10




          Appeal No. 1997-3146                                                        
          Application 08/558,670                                                      



          output stage having at least two parallel output branches,                  
          where each of said at least two parallel output branches                    
          includes a first transistor.  We note that Appellants do not                
          recite the phrase "in parallel" in Appellants' claim 1.                     
          Similarly, we note that the remaining claims fail to recite                 
          the phrase "in parallel."  Since the claims before us do not                
          recite the phrase "in parallel," we will not                                


          address whether the phrase is indefinite under 35 U.S.C. §                  
          112, second paragraph, since the matter is not before us for                
          our consideration in the claims.                                            
                    In view of the foregoing, the decision of the                     
          Examiner rejecting claims 1 through 20 under 35 U.S.C. § 112,               
          first and second paragraphs, is reversed.                                   
                                      REVERSED                                        





                         JOHN C. MARTIN               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              

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