Ex parte TING et al. - Page 8




          Appeal No. 1999-0853                                                        
          Application No. 08/709,869                                                  


          with the Examiner that Shimizu's circuit includes inverters                 
          10, 11 & 12 wherein the output 16 from inverter 10 is                       
          connected to the drain 25 of the FET 23, the output 15 from                 
          the delay inverters 11 and 12 is connected to the gate 27 and               
          the power supply or ground is connected to the source 26.                   
               However, we cannot look at a limited portion of the                    
          circuitry in a vacuum but rather need to analyze the circuit                
          as a whole.  We find that Shimizu teaches additional circuitry              
          in which a FET 9 and a ground 12 are connected to the FET 10                
          via 10S and 10G to compliment the FET 10 (see Shimizu page 6,               
          lines 15-17).  This arrangement would certainly affect the                  
          operation of FET 10.  We are invited by the Examiner to                     
          speculate, without further evidence, that the Shimizu FET 10                
          would inherently provide the same hysteresis operation as                   
          claimed by Appellants.  We cannot do so.                                    
               Further, we find that claims 2 through 8 are dependent on              
          claim 1 and thereby recite the above limitation.  Furthermore,              
          we note that claim 9 also includes the above limitation found               
          in claim 1.  Therefore, we find that Shimizu fails to teach                 
          all of the limitations of claims 1 through 9, and thereby                   
          these claims are not anticipated by Shimizu.                                
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