Appeal No. 2006-2034 Page 6
Application No. 10/744,801
element negates anticipation." Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565,
1571, 230 USPQ 81, 84 (Fed. Cir. 1986).
Here, in Ogura "[a] flash memory having a sense amplifier is provided with a
constant-current source having the positive temperature characteristic and a constant-
current source having the negative temperature characteristic." (Abs. at ll. 1-4.) "FIG. 4
is a circuit diagram representing th[is] arrangement. . . ." (Col. 8, l. 56.) In this
arrangement, the "sense amplifier 22 is provided with P-channel MOS transistors 205
and 206 for supplying a verifying sense amplifier load current. . . ." (Id. at ll. 60-62.)
Because the Figure shows that the PMOS transistor supplies the load current I5, we
agree with the examiner's finding that I5 constitutes a reference signal that is a function
of at least one of a process characteristic, a voltage characteristic and a temperature
characteristic of a PMOS device.
As aforementioned, the examiner equates Ogura's I4 current with the claim's
reference signal that is a function of at least one of a process characteristic, a voltage
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