Appeal No. 2003-1203
Application 09/594,831
We are of the opinion that while it may well be that, as the examiner points out, the
structure of MOS elements 36 and 38 could function as transistors, this would in fact occur only
if properly wired for that purpose. Accordingly, we find as a matter of fact, Koike would have
placed one skilled in the art and one of ordinary skill in this art only in possession of a boost
capacitor associated with a diode, because there is no evidence or scientific explanation in the
record establishing that the disclosure of Koike coupled with the knowledge possessed by either
person would have placed that person in possession of a boost capacitor associated with an
electrode.
Accordingly, because Koike, even when combined with Monk, would not have placed
one of ordinary skill in this art in possession of the claimed invention encompassed by the
appealed claims, we reverse both grounds of rejection.
The examiner’s decision is reversed.
Reversed
CHARLES F. WARREN )
Administrative Patent Judge )
)
)
)
JAMES T. MOORE ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
LINDA R. POTEATE )
Administrative Patent Judge )
definition for “diode” and “semiconductor diode” in McGraw-Hill Dictionary of Scientific and
Technical Terms 578, 1790 (id.).
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