Ex Parte Song - Page 7



          Appeal No. 2004-0593                                                        
          Application No. 09/606,688                                                  
          in support thereof.  We decline to search the “thousands” of                
          patents to support the appellant’s contention that this knowledge           
          is within the purview of even electrical engineering students.  It          
          is well settled that mere lawyer’s arguments and conclusory                 
          statements, which are unsupported by factual evidence, are                  
          entitled to little probative value.  In re Geisler, 116 F.3d 1465,          
          1470, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997); In re De Blauwe, 736           
          F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984); In re Wood, 582          
          F.2d 638, 642, 199 USPQ 137, 140 (CCPA 1978); In re Lindner, 457            
          F.2d 506, 508-09, 173 USPQ 356, 358 (CCPA 1972).  We are                    
          unpersuaded by the appellant’s argument.                                    
               We instead first look to the specification for any definition          
          of “matched” which the appellant may have used.  The only                   
          disclosure we have found is in the paragraph spanning pages 8 and           
          9, which reads as follows:                                                  
               An advantage of the Fig. 2 example buffer/voltage-mirror               
               circuit is that it is very easy to design and implement in a           
               semiconductor IC, and such does not require excessive                  
               semiconductor real estate.  Further, if the circuit is laid            
               out on the semiconductor die such that the transistor devices          
               are geographically close to one another, than all such                 
               transistors will be subjected to substantially the same                
               semiconductor processing and local environment leading to the          
               advantage that the various transistor devices can be easily            
               matched to one another.  Practice of the present invention             
               may also be made with discreet (as opposed to semiconductor)           
               circuits.  However, such would require matching of                     
               components, with any degree of mismatching affecting an                

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