Ex parte FERRARIO - Page 8




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

          have reasonably suggested using biased transistors as                        
          resistors.                                                                   
               While not necessary, we include the following discussion                
          to indicate several points with which we disagree with the                   
          appellant.  It may be useful if and when the examiner has                    
          found sufficient factual basis to support his finding that it                
          was notoriously well known to use transistors as resistors.                  
          First, a transistor can be fixedly biased and thus a “biasing                
          circuit” as recited in claim 1 can well be a power supply.                   
          Secondly, assuming that it would have been obvious to one with               
          ordinary skill in the art to use a transistor as a resistor,                 
          it follows that any one or more resistor in a circuit may be                 
          implemented by a transistor, at the discretion of one with                   
          ordinary skill in the art.  There is no reason to limit that                 
          discretion to an all or nothing choice.  The motivation is                   
          simply the recognition that a                                                


          resistor may be implemented by a properly biased transistor                  
          and need not have anything to do with the appellant’s focus on               
          capacitance multiplier circuits.                                             



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