Ex Parte LEE et al - Page 29




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

          of current that is inactive when currents 2I or I are applied.              
          The anticipation rejection of claim 18 is sustained.                        


          35 U.S.C. § 103(a) over Wang                                                
               Appellants argue that Wang does not teach the limitations of           
          claims 5-8 (Br18-19).                                                       
               With respect to claim 5, the examiner finds that Wang does             
          not show the power control circuit with current mirrors (FR12).             
          The examiner finds that Wang discloses that other circuitry could           
          be used and concludes that it would have been obvious to replace            
          the current sources and the corresponding switches with current             
          mirrors, which could include current mirrors coupled in parallel            
          (FR12).                                                                     
               The fact that other circuitry could be used is not                     
          motivation for using current mirrors, much less the claimed two             
          current mirrors in parallel.  There must be some reason why one             
          of ordinary skill in the art would have sought to use two current           
          mirrors in parallel and the examiner does not provide that                  
          reason, nor any reference.  The rejection of claim 5, and claims            
          6-8 which depend on claim 5, is reversed.                                   
                                     CONCLUSION                                       
               The rejection of claims 15 and 16 under 35 U.S.C. § 112,               
          first paragraph, is reversed.                                               


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