Ex Parte JANSSEN et al - Page 4




              Appeal No. 1998-1792                                                                  Page 4                 
              Application No. 08/453,217                                                                                   

              fall with representative claim 1.  With this representation in mind, rather than reiterate                   
              the positions of the examiner or the appellants in toto, we address the point of                             
              contention therebetween.                                                                                     


                     The examiner asserts, "regulator 108 of Marko is a boost regulator because the                        
              generated output reference voltage signal Vref 110 is boosted to a constant voltage level                    
              in regulation independently of the input voltage Vsup 126 of the battery 128. . . ."                         
              (Examiner's Answer at 4.)1  The appellants argue, "Marko does not anticipate a boost                         
              regulator which provides a constant level output voltage independent of the input                            
              voltage, including input voltages which are less than the output regulated voltage, as                       
              defined on page 3 lines 22-25 of the application."  (Reply Br. at 3.)  They add that the                     
              reference's "first output voltage Vreg 106 loses regulation when the input voltage                           
              Vsup 126 is less than the first output voltage Vreg 106 set point, and the second output                     
              voltage Vref 110 also loses regulation when the input voltage Vsup 126 is less than the                      
              second voltage Vref  110 set point.  See column 2 line 67 through column 3 line 17 and                       
              column 5 lines 50-65 of Marko."  (Id.)                                                                       






                     1We advise the examiner to copy his rejections into his examiner’s answers                            
              rather than merely referring to a “rejection . . . set forth in prior Office Action. . . .”                  
              (Examiner’s Answer at 3.)                                                                                    







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