Ex parte MIYAGI et al. - Page 4




          Appeal No. 1998-0441                                                        
          Application 08/713,089                                                      

                                      OPINION                                         
          Summary of the invention                                                    
               The Examiner considers the summary of the invention in                 
          the brief to be deficient (EA2-3).  Appellants counter that                 
          the description is proper (RBr2-4).                                         
               We are capable of making our own judgment about the                    
          summary and find it to be acceptable.  Moreover, it is our                  
          job to determine the correctness of the Examiner's                          
          rejection, not to rule on the propriety of the briefs.                      


          35 U.S.C. § 102(b)                                                          
               Appellants argue (Br16):  "[E]ach of independent                       
          claims 2, 7, 12 and 17 clearly requires that the constant                   
          voltage source is directly connected to an external power                   
          source so as to receive an external power source voltage and                
          output a constant voltage to a ring oscillator.  The cited                  
          references to Motegi and Sakurai do not disclose any similar                
          structure."  Thus, one issue is the constant voltage source.                
               Claims 2, 3, 7-9, 11-14, and 16                                        
               The Examiner states that when the phase lock loop                      
          (PLL) 1 in Motegi is stable, constant voltage PV is output                  

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