Ex parte KIRKPATRICK II - Page 9




          Appeal No. 1997-0272                                                        
          Application No. 08/277,388                                                  

          nonsense.  If the claimed subject matter is so poorly stated                
          that it cannot be understood well enough to apply prior art,                
          then no prior art should be applied.  If prior art is to be                 
          applied, the entire claimed subject matter must be taken into               
          account.  While the teaching of a temperature sensitive                     
          resistor not in the signal path between the Hall element                    
          output and the circuit output may be a portion of what should               
          be shown by the prior art in order to reject the claim, the                 
          instant claims require much more and the examiner has not                   
          addressed those additional limitations.                                     
                                     CONCLUSION                                       
               We have not sustained the rejection of claims 1 through                
          20 under 35 U.S.C.  112, first or second paragraphs.  We also              
          have not sustained the rejections of claim 1 under 35 U.S.C.               
          102(b) nor have we sustained the rejections of claims 1                     
          through 20 under 35 U.S.C.  103.                                           










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