Ex Parte Welty

Board of Patent Appeals and Interferences

May 2, 2011

11382995 (B.P.A.I. May. 2, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________

Ex parte MARK B. WELTY
_____________

Appeal 2009-010184
Application 11/382,995
Technology Center 2800
______________

Before ROBERT E. NAPPI, MARC S. HOFF, and BRADLEY W.
BAUMEISTER, Administrative Patent Judges.

NAPPI, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2009-010184
Application 11/382,995

2

This is a decision on appeal under 35 U.S.C. § 134(a) of the rejection
of claims 1 through 15.
We reverse.
INVENTION
The invention is directed an output state circuit. See Specification 2-
3. Claim 1 is representative of the invention and reproduced below:
1. An accelerator output stage circuit comprising:
a high side output device coupled to an output node;
a low side output device coupled to the output node;
a first logic gate coupled to a control node of the high side output device;
a second logic gate coupled to a control node of the low side output
device;
a high side one-shot device having an output coupled to a first input of
the first logic gate, and having a high side resistor bypass device;
a low side one-shot device having an output coupled to a first input of the
second logic gate, and having a low side resistor bypass device; and
a feedback device coupled between the output node and a second input of
the first logic gate, and between the output node and a second input of the
second logic gate, and between the output node and an input to the high side
resistor bypass device, and between the output node and an input to the low
side resistor bypass device. 

REFERENCE
Taguchi US 2003/0071663 A1 Apr. 17, 2003

Appeal 2009-010184
Application 11/382,995

3

REJECTION AT ISSUE
The Examiner has rejected claims 1 through 15 under 35 U.S.C.
§ 102(b) as being anticipated by Taguchi. Answer 3-6.1

ISSUE
Appellant’s contentions, on page 4 of the Brief,2 present us with the
issue: did the Examiner err in finding that Taguchi teaches a one-shot device
having an output coupled to a first input of a first logic gate?

ANALYSIS
The Examiner finds that Taguchi’s Figure 48 depicts Appellant’s
claimed circuit. Answer 6. The Examiner finds that items 42, 46, and 57
equate to one of the claimed one-shot devices. Answer 7. Appellant argues
that the device formed by NOR gate 42, NAND gate 46, and transistor 57 in
Taguchi’s teaching does not have an output coupled to the input of a logic
gate as claimed. Brief 4. We concur with Appellant.
The Examiner interprets the term coupled as “to bring two electric
circuits into such close proximity as to permit mutual influence.” Answer 7.
The Examiner has not shown that this definition is consistent with
Appellant’s Specification. Nonetheless, even if this interpretation is a
reasonable interpretation, the Examiner has not shown that Taguchi teaches

1 Throughout this opinion we refer to the Examiner’s Answer mailed on
February 04, 2009.
2 Throughout this opinion we refer to the Appeal Brief dated August 6, 2008.
Appeal 2009-010184
Application 11/382,995

4

that the output of the circuit composed of items 42, 46, and 57 is coupled to
the input of a logic gate 47. As shown in Figure 48, the output of logic gate
47 is connected to transistor 55, which, in turn, is connected to transistor 57
(i.e. the output of gate 47 is connected though transistor 55 to the output of
the circuit composed of items 42, 46, and 57). The Examiner has not shown
that the connection between the outputs of these two elements is such that
the output of the circuit composed of items 42, 46, and 57 influences the
input of gate 47. As such, the Examiner has not shown that the components
permit a mutual influence. Accordingly, we will not sustain the Examiner’s
rejection of independent claim 1 and dependent claims 2 through 15.

CONCLUSION
Appellant has persuaded us of error in the Examiner’s decision to
reject claims 1 through 15.

ORDER
The decision of the Examiner to reject claims 1 through 15 is
reversed.

REVERSED

ELD