Ex Parte Bhattacharya et al - Page 4




             Appeal No. 2006-2034                                                        Page 4                      
             Application No. 10/744,801                                                                              


             temperature characteristic of transistor 206 was changed."  (Examiner's Answer at 5.)                   
             He also alleges, "The current I4 is a function of at least of [sic] the process characteristic          
             of transistor 304 because the value of I4 will vary if the characteristic of transistor 304             
             were changed."  (Id.)  The appellants argue, "In accordance with the teachings of Ogura                 
             and contrary to the Examiner's contentions, the current I4 in sense amplifier 22 is based               
             on the characteristics of an NPN bipolar transistor rather than on characteristics of an                
             NMOS . . . transistor device."  (Reply Br. at 2.)                                                       


                    "In addressing the point of contention, the Board conducts a two-step analysis.                  
             First, we construe the independent claims at issue to determine their scope.  Second,                   
             we determine whether the construed claims are anticipated."  Ex parte Wang, No. 2003-                   
             0513, 2004 WL 4978835, at *2 (Bd.Pat.App & Int. 2004).                                                  


                                              A. CLAIM CONSTRUCTION                                                  
                    "Analysis begins with a key legal question — what is the invention claimed?"                     
             Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                      
             Cir. 1987).  Here, independent claim 1 recites in pertinent part the following limitations:             
                    the reference circuit being operative to generate a first reference signal                       
                    and a second reference signal, the first reference signal being a function                       
                    of at least one of a process characteristic, a voltage characteristic and a                      
                    temperature characteristic of the reference NMOS device, and the second                          
                    reference signal being a function of at least one of a process                                   







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