Ex Parte Torres et al - Page 5




             Appeal No. 2006-1816                                                                                     
             Application No. 10/386,146                                                                               

             gates and clamps the gate-to-source voltages (specification, page 11, lines 11-24), it                   
             blocks the back-gate leakage to the power supply (specification, page 12, lines 10-19).                  
             It is clear from the specification as a whole, and the above noted excerpts specifically,                
             that although diode D0 through node CHP is connected to the back-gate node of                            
             transistor MP5, it still functions as a blocking element to prevent the input current from               
             flowing into the first pass transistor MP1.                                                              
                    In view of the above and in light of the specification as a whole, we find that the               
             MP5 transistor is sufficiently defined as a blocking element and would reasonably                        
             apprize those skilled in the art of the scope of this limitation.  Accordingly, we will not              
             sustain the rejection of claims 1, 2, 5-8, 10, 12-15 and 17 under the second                             
             paragraph of 35 U.S.C. § 112.                                                                            





                    Turning now to the 35 U.S.C. § 103 rejection of the claims, we note that the                      
             Examiner has indicated how the claimed invention is deemed to be obvious over the                        
             modified teachings of Ko to include the first and the second blocking elements D7 and                    
             MP3 of Graves, as depicted in Figure 1 (answer, pages 3-4).  Appellants argue                            
             that Graves relates to a low voltage bus switch circuit for                                              
             isolation under power down conditions and has nothing to do with                                         
             multiplexors (brief, page 4).  The Examiner responds that since                                          
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