Ex parte DONNELLY et al. - Page 8




         Appeal No. 1998-2710                                                      
         Application 08/582,045                                                    


              Claims 8, 11, 18-19                                                  
              These claims are rejected over Funada, Lee and Hynecek.              
         We take claim 8 as representative of this group.  The Examiner            
         asserts, answer at page 5, that "it would have been obvious               
         ... to incorporate the equalizing transistor taught by the                
         Hynecek reference into the Funada reference in view of the Lee            
         reference."  We note that since Hynecek does not cure the                 
         deficiency noted above in the combination of Funada and Lee,              
         we do not sustain the rejection of claim 8 and its grouped                
         claims 11, 18 and 19 over Funada, Lee and Hynecek.                        
              In conclusion, we do not sustain the rejection under                 
         35 U.S.C. § 103 of claims 1, 3-6, 9, 10, 12-15 and 25 over                
         Funada and Lee, and of claims 8, 11, 18 and 19 over Funada,               
         Lee and Hynecek.                                                          




              Accordingly, the decision of the Examiner rejecting                  
         claims 1, 3-6, 8-15, 18-19, and 25 under 35 U.S.C. § 103 is               
         reversed.                                                                 
                                     REVERSED                                      


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