Ex Parte Garnier et al - Page 2




             Appeal No. 20005-1269                                                                             
             Application No.09/499,060                                                                         

                   comprising                                                                                  
                          a current generator having a first resistance, and                                   
                          a circuit connected to said current generator and to said                            
                   capacitance said circuit having a second resistance and enabling a                          
                   capacitance charging current to be proportional to a square of a ratio of                   
                   the second resistance and the first resistance.                                             
                   The examiner relies on the following references:                                            
                   Tanigawa                  4,814,724                 Mar. 21, 1989                           
                   Lauffenburger             5,254,957                 Oct. 19, 1993                           
                   Additionally, the examiner relies on admitted prior art (APA) depicted in                   
                   instant Figure 1.                                                                           
                   Claims 9-20, 36, 37, and 40 stand rejected under 35 U.S.C. § 103 as                         
             unpatentable over APA in view of Tanigawa and Lauffenburger.                                      
                   Reference is made to the brief and answer for the respective positions of                   
             appellants and the examiner.                                                                      
                                                  OPINION                                                      
                   At the outset, we note that, in accordance with appellants’ grouping of the claims          
             at page 4 of the brief, all claims will stand or fall together.                                   
                   It is the examiner’s position that APA discloses a capacitance and a charging               
             circuit connected thereto, wherein the charging circuit has a broad current source Ig1,           




             with no express teaching of the particular structure of the current source.  The examiner         
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