Ex parte YASUDA - Page 7




          Appeal No. 1998-1444                                       Page 7           
          Application No. 08/543,933                                                  


          1784, (citing In re Gorman, 933 F.2d 982, 987, 18 USPQ2d 1885,              
          1888 (Fed. Cir. 1991)).                                                     


               Here, the examiner alleges that, excepting a constant                  
          voltage power supply, Yum shows all the claimed invention.  He              
          specifically alleges, "Yum discloses the claimed device ...                 
          except for constant voltage power supply."  (Examiner's Answer              
          at 4.)  The reference, however, belies the allegation.                      


               Although Yum teaches a reference voltage V  and a voltage              
                                                         REF                          
          divider junction 118, col. 6, ll. 49-55, the reference voltage              
          is not output from the voltage divider junction.  To the                    
          contrary, the reference voltage is output from output                       
          terminals.  Specifically, "[t]he reference voltage V  appears               
                                                              REF                     
          between the negative and positive output terminals 114 and                  
          116."  Figure 4 of Yum shows that the output terminals 114 and              
          116 straddle the voltage divider network comprising resistors               
          R3 and R4.  The examiner fails to allege, let alone show, that              
          Buck remedies the defect of Yum.                                            










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