Appeal No. 20005-1269
Application No.09/499,060
Vth4 for elements 9 and Q2 of Tanigawa” and that in the instant invention, resistance
Re is chosen so that Re x Ig2 >> VGST4-Vth4, leading to the capacitance charging
current being proportional to a square of a ratio of the second resistance and the first
resistance (brief-page 8), the examiner’s response is to point to column 1, lines 61-64,
of Tanigawa:
Namely, by changing the value of the variable resistor R to
vary the voltage thereacross, the gain of the amplifier circuit of the
current mirror circuit type is set to any desired value.
The examiner argues that since this portion of the reference expressly states that
the gain can be set to any desired value, this would include a gain of 1, which would
make the base-emitter voltage of Q2 equal to the threshold voltage of Q2 (answer-page
7).
We have reviewed the evidence of record, including the arguments of appellants
and the examiner, and we conclude therefrom that the examiner’s rationale is not
convincing of obviousness of the instant claimed subject matter.
The examiner’s view is that the claim language, “enabling a capacitance charging
current to be proportional to a square of a ratio of the second resistance and the first
resistance,” is taught by Tanigawa’s disclosure of resistor R being variable. If
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