Ex parte MIYAGI et al. - Page 12




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

          the limitations of claim 7.  See Ex parte Moelands,                         
          3 USPQ2d 1474 (Bd. Pat. App. & Int. 1987); Ex parte Porter,                 
          25 USPQ2d 1144, 1147 (Bd. Pat. App. & Int. 1992) ("While                    
          claim 6 could be construed as an independent claim, drafted                 
          in a short-hand format to avoid rewriting the particulars of                
          the nozzle recited in claim 7, for fee calculation purposes                 
          the Office initially treats all claims that refer to another                
          claim as a dependent claim.  M.P.E.P. § 608.01(n) under the                 
          heading TREATMENT OF IMPROPER DEPENDENT CLAIMS.").                          
               The Examiner states that "[i]t was said in the                         
          specification background on pages 1-2, that the prior art                   
          included ring oscillators used this way [i.e., in a                         
          non-volatile memory device], which is therefore apparently                  
          the prior art relied on" (EA7).                                             
               It is clear that the Examiner belatedly relies on the                  
          admitted prior art in the specification for the first time                  
          in the Examiner's Answer, although the Examiner's Answer                    
          states that it does not contain any new ground of rejection.                
          Nevertheless, the admitted prior art does not disclose a                    
          constant voltage supply connected to constant current                       
          elements connected between series-connected inverter                        

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