Appeal No. 2006-2034 Page 7
Application No. 10/744,801
characteristic, and a temperature characteristic of an NMOS device. For its part, the
reference teaches that the constant current I4 is provided by the following equation:
In the equation, R2 is the resistance value of resistor 309, and Vbe is "the diffusion
voltage of transistors 306 and 307," (col. 9, ll. 16-17), which are "NPN transistors. . . ."
(Id. at l. 11.) Because the reference's constant current I4 is a function of characteristics
of a resistor and two NPN transistors, rather than a characteristic of an NMOS
transistor, we disagree with the examiner's allegation that I4 constitutes a reference
signal that is a function of at least one of a process characteristic, a voltage
characteristic and a temperature characteristic of an NMOS device.
The absence of a reference signal that is a function of at least one of a process
characteristic, a voltage characteristic, and a temperature characteristic of an NMOS
device negates anticipation. Therefore, we reverse the anticipation rejection of claims 1
and 18 and of claim 25, which depends from the former claim.
III. CONCLUSION
In summary, the rejection of claims 1, 18, and 25 under § 102(b) is reversed.
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