Ex parte FERRARIO - Page 6




          Appeal No. 96-2614                                                           
          Application 08/098,740                                                       

          constant resistor by biasing the transistor with a constant                  
          biasing voltage” (Examiner’s Answer at page 10).  The only                   
          evidence the examiner cited in support of the finding                        
          concerning using transistors as resistors is Carroll.  The                   
          examiner stated (Answer at pages 8-9) that “Carroll teaches                  
          transistors can be used as resistors,” that “[Carroll’s]                     
          transistor operates as a switch but also as a resistor when it               
          is turned on,” and that “the resistance across the channel of                
          the [Carroll] transistors is desirable and intentional.”                     
               We agree with the appellant that the examiner’s reading                 
          of Carroll is misplaced and erroneous.  The fact that                        
          transistors have intrinsic resistance/conductance does not                   
          translate or equate to a general teaching for using                          
          transistors as resistors.  That such intrinsic resistance can                
          be selected to vary the operating characteristics of a                       
          transistor in one way or another as a switch, either for                     
          changing the acquisition time or for affecting charge                        
          injection, is not a suggestion for using the transistor as a                 
          resistor.  We have read the portions of Carroll cited by the                 
          examiner, i.e., column 1, lines 20-48, and column 2, line 67                 
          to column 3, line 67, and do not find therein any teaching or                

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