Ex parte VAN DEN BROEK et al. - Page 11

          Appeal No. 1997-4442                                                         
          Application 08/353,040                                                       

               The Examiner admits that Drabkin does not disclose that                 
          the difference in the resistance values is maximally a factor                
          of 10 and that the difference in the absolute value of TCT is                
          maximally a factor of 10 (EA4).  However, the Examiner                       
          concludes that "it is [sic, was] well within the level of one                
          of ordinary skill in the art to select resistance and absolute               
          values of the TCR such that a desired result will be achieved,               
          which could be a maximum factor of 10" (EA5).                                
               Appellants argue that the closer initial matching of the                
          resistance and TCR values of the path portions, and the tandem               
          trimming of both sections, allows the resistance value and TCR               
          of the total resistance path to be adjusted more accurately                  
          resulting in far fewer rejected resistors and that the                       
          rejection does not show how this would have been obvious                     
               We conclude that the Examiner has failed to provide                     
          sufficient evidence to establish a prima facie case of                       
          obviousness.  The Examiner has dismissed the differences                     
          (i.e., the difference between the resistance values being                    
          maximally a value of 10 and the difference between the                       
          absolute values of the TCRs as being maximally a factor of 10)               

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