Ex Parte KOBAYASHI - Page 5



          Appeal No. 2003-0522                                                        
          Application No. 09/324,237                                                  
               In the context of all claims on appeal, there is no                    
          recitation in the body of the claims of anything being harmonic             
          nor is there any recitation of a mixer or a harmonic mixer of any           
          type even though the preamble indicates such of each claim.                 
          Thus, there is no recitation in any of the claims on appeal of              
          any (harmonic) frequencies that are mixed in any manner                     
          harmonically or otherwise.  As such, the scope of the applicable            
          prior art is significantly expanded.                                        
               Among the independent claims on appeal, there is also no               
          recitation of any interconnectability of the recited elements to            
          form any single circuit.  For example, there is no recitation of            
          the manner in which an input port and the output port recited               
          separately are connected to the other recited elements of the               
          complementary transistor pair coupled together.  Also, in claims            
          2 and 8, the respective output port is noted, but it is not                 
          connected to any other recited elements.  In claim 8 as well, in            
          the “first filter” clause the “said port”, is indefinite since it           
          is not stated whether the language refers to the previously                 
          recited input port or output port.  As in the other earlier noted           
          claims, claim 10 recites an output port, but it is not connected            
          to any other circuit element.  The recitation in the “first                 
          filter” clause of said “output terminal” has no antecedent basis,           

                                          5                                           




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007