Ex Parte LEE et al - Page 8




          Appeal No. 2001-0740                                                        
          Application 09/054,415                                                      

               The examiner states that it is not clear in claim 17,                  
          line 3, how "one current mirror" relates to the "two current                
          mirrors" recited on line 2.  The examiner considers the phrase              
          "without adversely affecting the amplifier" on lines 3-4 of                 
          claim 17 to be vague and indefinite, stating (EA5):  "Since the             
          amplifier is a physical entity already fabricated, how would it             
          be affected?"                                                               
               Appellants argue that it is clear from the context that the            
          one current mirror switched in and out is one of the two current            
          mirrors (Br10).                                                             
               The examiner responds that since amplifiers can have more              
          than two current mirrors, the "one current mirror" does not                 
          necessarily have to be one of the "two current mirrors" (EA12).             
               We agree with appellants.  In addition, we note that the               
          limitation "without adversely affecting the amplifier" is broad             
          but not indefinite.  An amplifier can be "adversely affected" by            
          being damaged with too much current.  The rejection of claim 17             
          is reversed.                                                                

               Claim 18                                                               
               The examiner states that it is not clear in claim 18 how "an           
          amplifier's operational cycle" in line 4 relates to the "active             
          element" recited on both lines 2 and 3 (EA5).                               



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