Ex parte BOERSTLER et al.

Board of Patent Appeals and Interferences

Jun 29, 1998

07939892 (B.P.A.I. Jun. 29, 1998)

Application for patent filed September 1, 1992. 1
As indicated in the Advisory Action (paper number 14), the2
amendment had the effect of overcoming the indefiniteness
rejection of claims 17 through 21.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the Board.
Paper No. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DAVID E. BOERSTLER, EDWARD B. EICHELBERGER,
GARY T. HENDRICKSON and CHARLES B. WINN
____________
Appeal No. 95-4531
Application No. 07/939,8921
____________
ON BRIEF
____________
Before HAIRSTON, KRASS, and BARRETT, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
through 26. In an Amendment After Final (paper number 13),2
claims 5, 17, 21, 22, and 26 were amended.
The disclosed invention relates to a level shift circuit for
a logic circuit that translates a first voltage level binary
Appeal No. 95-4531
Application No. 07/939,892
2
pulse signal at an input node to a second voltage level at an
output node coupled to a capacitive load.
Claim 1 is illustrative of the claimed invention, and it
reads as follows:
1. A level shift circuit for a logic circuit for
translating a first voltage level binary pulse signal from said
first voltage level at an input node to a second voltage level at
an output node coupled to a capacitive load, said circuit
comprising:
a resistor connected to a DC supply voltage;
diode means with a capacitance substantially higher than
that of the capacitive load for creating the voltage level
translation connected in series with said resistor and having a
first and a second terminal, wherein said second terminal forms
said output node at the point of interconnection of said resistor
and said diode means;
said first voltage level binary pulse signal connected to
said diode means at said first terminal which is said input node,
and said second voltage level pulse signal appearing at said
output node.
The references relied on by the examiner are:
Davis 3,535,546 Oct. 20, 1970
Eden 2,166,312 Apr. 30, 1986
(U.K. patent application)
Sedra et al. (Sedra), “Microelectronic Circuits,” Holt, Rinehart
and Winston, Inc., pages 170, 171, 195 and 453, 1987.
Claims 1, 2, 4 through 9, 14 through 24 and 26 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Sedra
in view of Eden.
Claims 3, 10 through 13 and 25 stand rejected under
Appeal No. 95-4531
Application No. 07/939,892
Neither of the reply briefs (paper numbers 22 and 24)3
was entered by the examiner. Appellants’ Petition to the
Commissioner (paper number 26) was dismissed (paper number 27).
3
35 U.S.C. § 103 as being unpatentable over Sedra in view of Eden
and Davis.
Reference is made to the brief and the answer for the3
respective positions of the appellants and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the obviousness rejection of claims 1
through 26.
Sedra discloses a resistor and a diode in series between a
positive voltage and ground (Figures 4.15 and P4.1). According
to the examiner (Answer, page 3):
Eden shows a “capacitance substantially higher
than that of the capacitive load” in Figure 1, element
10 (see also page 2, lines 52-57). It would have been
obvious to one of ordinary skill in the art, at the
time of the invention, to have added the capacitor 10
in parallel with Sedra et al.’s diode for the purpose
of increasing switching speed as taught by Eden on page
2, lines 55-58.
Appellants argue (Brief, pages 5 and 6) that the circuits
in Figures 4.15 and P4.1 of Sedra do not perform any switching
functions because both figures show a diode and a resistor
Appeal No. 95-4531
Application No. 07/939,892
4
connected in series between a fixed voltage and ground.
Appellants also argue (Brief, page 7) that:
Secondly, the diode means in the proposed
combinations can’t be connected between the input and
output nodes of the circuit with a “first level binary
pulse signal connected to the diode means at said input
node” and having a “second voltage level pulse signal
appearing at said output node” as claimed in paragraph
4 of claim 1. As pointed out previously, one terminal
of the two terminal diode means of both proposed
combinations is connected to a fixed potential. With
one of two terminals fixed, it is impossible to provide
a binary input pulse at one of the terminals and obtain
a binary output pulse on the other of the two
terminals.
We agree with appellants. The obviousness rejection of claims 1,
2, 4, 5, 8, 9, 16 through 24 and 26 is reversed.
The examiner recognizes (Answer, page 4) that Sedra’s
emitter follower circuit (Figure 8.41) has collector and emitter
terminals “connected directly opposite to the collector and
emitter terminals” in claim 6, but nevertheless concludes that
“[i]t would have been obvious to one of ordinary skill in the
art, at the time of the invention, to have switched the
connections of Sedra et al.’s transistors for the purpose of
utilizing the inherent larger collector-base capacitance of Sedra
et al.’s circuit as described by Eden on page 2, lines 52-55.”
Appellants argue (Brief, page 8) that:
The emitter follower of Figure 8.41 does not show as
claimed in claim 6: a) “an emitter connected to a
Appeal No. 95-4531
Application No. 07/939,892
5
common potential”; b) “a capacitance load....connected
to the collector node”; or c) “the transistor being
biased so that the emitter-base junction of said
transistor is reversed biased”.
To make Figure 8.41 read on this language in claim
6, it would require a complete reorganization of the
circuit elements of the circuit of Figure 8.41 so that
it would not [sic, no] longer perform its emitter
follower function. There is no teaching in Eden to do
this.
We agree with appellants. The obviousness rejection of claims 6
and 14 is reversed.
Turning next to claims 7 and 15, the examiner contends
(Answer, pages 4 and 5) that “[i]t would have been obvious to one
of ordinary skill in the art, at the time of the invention, to
have substituted Sedra et al.’s single diode with a ‘bipolar
transistor ... with its collector and emitter shorted’ as such a
substitution provides more current to the load and hence a faster
switching speed.” Appellants argue (Brief, page 10) that the
claimed bipolar transistor forward biased at its collector-base
junction, and shorted at its collector and emitter would not have
Appeal No. 95-4531
Application No. 07/939,892
6
been rendered obvious by the single diode teachings of Sedra. We
agree with appellants. The obviousness rejection of claims 7 and
15 is reversed.
Turning lastly to claims 3, 10 through 13 and 25, the
examiner cited Davis for “a ‘diode-connected transistor’ (36) in
Figure 1.” (Answer, page 5 and 6). We agree with appellants’
argument (Brief, page 14) that Davis does not make up “for the
failings of the Sedra circuits of Figures P4.1 and 4.15.” The
obviousness rejection of claims 3, 10 through 13 and 25 is
reversed.
Appeal No. 95-4531
Application No. 07/939,892
7
DECISION
The decision of the examiner rejecting claims 1 through 26
under 35 U.S.C. § 103 is reversed.
REVERSED

KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
ERROL A. KRASS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
LEE E. BARRETT )
Administrative Patent Judge )
Appeal No. 95-4531
Application No. 07/939,892
8
Lawrence D. Cutter
IBM Corporation
Intellectual Property Law
522 South Road, M/S P903
Poughkeepsie, NY 12601-5400
KWH/jrg
JENINE GILLIS
Appeal No. 95-4531
Serial No. 07/939,892
Judge HAIRSTON
Judge KRASS

Judge BARRETT
Received: 23 Jun 98
Typed: 23 Jun 98
DECISION: REVERSED
Send Reference(s): Yes No
or Translation(s)
Panel Change: Yes No
3-Person Conf. Yes No
Heard: Yes No
Remanded: Yes No
Index Sheet-2901 Rejection(s): ___________
Acts 2: ____
Palm: ____
Mailed: Updated Monthly Disk: ____
Updated Monthly Report:___