Appeal No. 1997-2844
Application No. 08/242,881
reference inoperable for its intended purpose. In re Gordon,
733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984)." In
re Fritch,
972 F.2d 1260, 1265-66 n.12, 23 USPQ2d 1780, 1783 n.12 (Fed.
Cir. 1992). Therefore, Bufano is not properly combinable with
Fujita.
The examiner applies Thelen for a teaching of a constant
current circuit which converts a temperature compensated
reference voltage into a current. However, Thelen does not
cure the deficiency in the combination of Bufano and Fujita.
Accordingly, we cannot sustain the rejection of claims 1
through 6 under 35 U.S.C. § 103 over Fujita, Bufano, and
Thelen.
CONCLUSION
We have affirmed the decision of the examiner rejecting
claims 1, 2, 5, and 6 under 35 U.S.C. § 102 and rejecting
claim 4 under 35 U.S.C. § 103 over Stakely is affirmed. We
have reversed the decision of the examiner rejecting claims 1
through 6 under 35 U.S.C. § 103 over Fujita, Bufano, and
Thelen. Therefore, the decision of the examiner rejecting
claims 1 through 6 is affirmed-in-part.
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