Appeal No. 2003-2105 Page 7
Application No. 08/755,928
Here, Hara discloses a "MOS-type charging circuit 23. . . ." Col. 5, l. 30. "As
shown in FIG. 1(d), this MOS-type charging circuit 23 comprises . . . a CMOS current
mirror circuit CM constituted by four transistors . . . [and] a constant current circuit 43
interposed between an output terminal N5 of the CMOS current mirror circuit CM and
the gate terminal of the driver transistor Q23 and adapted to set the value of a charging
current supplied to the load at a substantially fixed level and ensure that the value of the
charging current is not dependent on the external supply voltage Vcc (EXT). . . ." We
agree with the appellant that "FIG. 1(d) of Hara et al. does not show distinct power
supply lines to circuits CM and 43." (Appeal Br. at 6.) It is uncontested, moreover, that
"[t]he specification in the Hara et al. patent does not disclose that the circuits CM and 43
are supplied by distinct power lines." (Id.)
For his part, the examiner offers no evidence that the current mirror circuit and
the constant current circuit are necessarily connected to Vcc (EXT) via distinct pairs of
members and pads or would be so recognized by persons of ordinary skill. To the
contrary, the appellant's assertion that "one skilled in the art would realize that a single
power supply terminal Vcc (EXT) is sufficient to supply [both] of them," (Reply Br. at 4),
is uncontested. The absence of evidence that Hara's current mirror circuit and constant
current circuit are necessarily connected to Vcc (EXT) via distinct pairs of members and
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