Appeal No. 2005-0826
Application No. 09/989,563
environment. However, as we have noted, appellants have not provided evidence in
support of such a view. On this record, we find ample support for the examiner’s
position, which is not demonstrated to be erroneous by appellants’ arguments.
Appellants are correct in the assessment of Furumochi to the extent of the
statement bridging pages 7 and 8 of the Brief: “When in an ‘ON’ state, the switching
element bypasses a transistor T4 and causes the output voltage of the voltage
generator circuit [to] be at a lower level.” Appellants allege that “[t]his switching
element, however, cannot be activated to bypass a voltage regulation device in order to
lower a clamping threshold.” (Brief at 7.) Appellants’ argument in support of the
allegation, according to the paragraph bridging pages 7 and 8 of the Brief, is that the
switching element disclosed by Furumochi cannot switch from the “OFF” to the “ON”
state because to be in the “OFF” state, fuse elements of the ROM fuse circuit are
melted and disconnected. In support of this argument, appellants direct our attention to
column 9, lines 22 through 33 of Furumochi. Column 9, lines 22 through 37 of
Furumochi discusses melting and disconnecting fuses of the ROM fuse circuit for
generating external control signals; in particular, melting and disconnecting of fuses with
respect to SW1, SW2, and SW3 (Fig. 6). The section does not describe melting or
disconnecting fuses to effect the “OFF” state of SW0. Moreover, the rejection is based
on what the artisan would have found obvious, rather than identity of disclosure. Even if
the switch (SW0) of Furumochi were to operate in the way not shown by appellants, the
question would be raised as to why melting fuses to effect either of an “ON” (bypass)
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