Appeal No. 1997-1695
Application No. 08/496,121
... since it would have been clearly understood
by one skilled in the art (i.e., inherent) that
the change in conductivity type would
correspondingly
require a change in the phase between signals
NC and ND, it is seen that Ichimura anticipates
the claimed invention.
The record in this case, however, is totally devoid of any
support for such a position. We are not inclined to dispense
with proof by evidence when the proposition at issue is not
supported by a teaching in a prior art reference, common
knowledge or capable of unquestionable demonstration. Our
reviewing court requires this evidence in order to establish a
prima facie case. In re Knapp-Monarch Co., 296 F.2d 230, 232,
132 USPQ 6, 8 (CCPA 1961); In re Cofer, 354 F.2d 664, 668, 148
USPQ 268, 271-72 (CCPA 1966). In our view, while it is
generally true that N-channel transistors turn on when the
gate voltage is higher than the source voltage, and vice-versa
for P-channel transistors, this does not lead to the
conclusion that the signals applied to the transistor input
and gate electrodes must necessarily be opposite in phase. As
discussed supra, the clock signals NC and ND, which are
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