Ex Parte Benzer - Page 5


                   Appeal No. 2006-1881                                                                                             
                   Application 10/145,408                                                                                           


                           We turn next to the separate rejection of dependent claims 14 and 15 under                               
                   35 U.S.C. § 103 over Ker in view of Botker.  These claims set forth a pre-drive transistor                       
                   communicating with the respective first and second voltage comparators recited in                                
                   independent claim 7 on appeal.  The third embodiment beginning in figure 27 of Ker                               
                   shows element 515 as comprising pre-drive circuits.  Thus, because the description of this                       
                   element is with respect to plural circuits, there must be separate transistors therein to be                     
                   separately compatible with PMOS transistor Mp1 and NMOS transistor Mn1 comprising                                
                   the driver circuit 510 in figures 28 through 30 of Ker.                                                          
                           On the other hand, the examiner’s apparent reliance upon Botker at column 2,                             
                   lines 4 and 5 to indicate that a transistor may be configured as a diode when it has a                           
                   gate-to-drain connection is already taught in Ker at column 8, lines 56 through 61 and                           
                   shown comparatively in figures 12 through 15, 21, 22, 25 and 26 as well.  With respect to                        
                   the actual embodiment relied upon by the examiner, attention is directed to figure 30 and                        
                   the discussion at the middle of column 20.                                                                       
















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