Appeal No. 1998-0992
Application 08/706,978
The Rejections
Claims 1-3 and 6-22 stand rejected under 35 U.S.C. §
102(b) as being anticipated by Henry.
Claims 1-3 and 6-22 stand rejected under 35 U.S.C. § 103
as being unpatentable over Kimura and Yu.
Opinion
We reverse. A reversal of the examiner’s rejection is
not a pronouncement by this panel that the claims on appeal
are patentable over the prior art. We focus on and consider
only the positions and rationale as set forth by the examiner
and on which the examiner’s rejection of the claims on appeal
is based.
Each of the appellants’ independent claims on appeal
requires the summation of a first term and a second term to
produce a temperature stable reference voltage. The first
component of the sum is recited as a fraction of the base-
emitter voltage of a bipolar transistor. In that regard,
claims 1, 11 and 15 recite a “constant fraction”; claim 6
recites a “pre-established fraction”; and claim 19 recites a
“divided-down fraction.” In the context of the appellants’
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