Appeal No. 1999-2584
Application No. 08/562,988
diodes in Phipps, which operate to dissipate inductive energy
through a drain-gate clamping technique, do not materially
affect the basic and novel characteristics of Appellants’
invention which involves a discharge of electrostatic build up
between the gate and source nodes. Our review of the record
reveals no evidence presented by Appellants to satisfy their
burden of showing that the introduction of Phipps’ zener
diodes would materially change the characteristics of
Appellants’ invention. See In re Herz,
537 F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976) and
PPG Indus., Inc. v. Guardian Indus. Corp., 156 F.3d 1351,
1354,
48 USPQ2d 1351, 1353-54 (Fed. Cir. 1998).
In summary, we have reversed the Examiner’s 35 U.S.C.
§ 103(a) rejection of claims 7-12. We have entered a new
ground of rejection against claims 7-11 under 37 CFR §
1.196(b).
As indicated supra, this decision contains a new ground
of rejection pursuant to 37 CFR § 1.196(b). 37 CFR § 1.196(b)
provides that “[a] new ground of rejection shall not be
considered final for purposes of judicial review.”
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