Ex parte RICOTTI et al. - Page 8




          Appeal No. 1998-0992                                                         
          Application 08/706,978                                                       

               According to the examiner, with respect to Kimura, V  is                
                                                                    REF                
          fixed at 1.2 volts, and V  of transistors Q3 or Q4 is 1.3                    
                                   be                                                  
          volts (if power supply V  is given as 2.5 volts).  Thus, the                 
                                  cc                                                   
          examiner states (answer at 7, lines 2-3):  “Clearly, since all               
          these values are fixed, 1.2 is a fraction of 1.3.”  But,                     
          again, the examiner is improperly treating the base-emitter                  
          voltage V  of Q3 and Q4 in Kimura as though it were an                       
                   be                                                                  
          unvarying constant.                                                          
               We have already explained above that such an assumption                 
          in the context of producing a temperature stable reference                   
          voltage as is claimed by the appellants is improper.  We have                
          noted also that according to the specification it is because                 
          the first component term in the summation is not temperature                 
          compensated that the second component is needed as an offset                 
          to produce a sum that is temperature stable.  It is without                  
          sufficient basis for the examiner to treat the base-emitter                  
          voltage of Kimura’s Q3 or Q4 bipolar transistor as a constant.               
          V , on the other hand, is described in column 4, lines 58-61,                
           REF                                                                         
          of Kimura as “substantially constant in the wide temperature                 
          range so that [it] scarcely has a temperature characteristic.”               
          Indeed, V  is the temperature stable output of Kimura’s                      
                   REF                                                                 

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