Appeal No. 1997-3444
Application 08/268,728
limitations of claim 21 in Ando, the anticipation rejection of
claims 21-23, 25-28, 30, 31, and 35 is reversed.
Mar
The Examiner finds that Mar has a transistor and means
for biasing including a means for varying "all connected and
operating similarly as recited by Applicant" (EA4).
As discussed in connection with the Handbook and Tsukada,
inherency of the claimed subject matter is not established by
a transistor and a bias circuit. We have reviewed Mar and do
not see how it inherently discloses the claimed subject
matter. Because the Examiner has failed to carry his burden
of proof to show inherency of the limitations of claim 21 in
Ando, the anticipation rejection of claims 21, 29, and 35 is
reversed.
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