Appeal No. 1998-0992
Application 08/706,978
specification, these terms can be properly interpreted no
broader than meaning that the first component of the sum has a
fixed and proportional relationship to the base-emitter
voltage of a bipolar transistor. The specification gives no
indication and the examiner has pointed to no disclosure
therein that the base-emitter voltage of the bipolar
transistor can vary one way while the first component of the
sum either stays fixed or varies in a non-proportional way.
The Anticipation Rejection
The rejection of claims 1-3 and 6-22 under 35 U.S.C. §
102(b) as being anticipated by Henry cannot be sustained.
The voltage V relied on by the examiner as the first
o
component of the claimed summation is itself the output
voltage of Henry’s bandgap generator and thus has a fixed
value regardless of any change or temperature variation in the
base-emitter voltage V of Q7. Note that in column 5, lines
be
51-53, Henry states: “. . . , and hence the output voltage at
the output 117 is precisely defined and substantially
independent of temperature.” The examiner’s position is that
because V is a constant and V of Q7 is a constant, there iso be
a fixed fractional relationship between V and V of Q7.o be
5
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