Ex Parte Efland et al - Page 4



          Appeal No. 2005-0888                                                        
          Application No. 10/039,663                                                  

          and                                                                         
               1. An electrical or electronic element capable of                      
               controlling voltages or currents to produce gain or                    
               switching action in a circuit (e.g., transistor, vacuum                
               tube, or saturable reactor).  Also called active device,               
               or active element.  2. A device, the output of which is                
               dependent on a source of power other than the main input               
               signal.[3]                                                             
               A passive element has been defined as:                                 
               [ELEC] An element of an electric circuit that is not a                 
               source of energy, such as a resistor, inductor, or                     
               capacitor.  Also known as passive component.[4]                        
          and                                                                         
               1. A parasitic element.  2. A circuit element with no                  
               source of energy (e.g., a resistor, capacitor, inductor,               
               etc.).[5]                                                              
               Yamasaki’s MOS transistor functions as a capacitor (abstract,          
          lines 1-2; col. 8, line 58; col. 9, lines 11-12; col. 10, lines 29-         
          30) and, therefore, is by definition a passive element or component         
          rather than an active component.  The examiner has not established          
          that “active component”, as that term would have been most broadly          
          construed by one of ordinary skill in the art in view of the                
          cited by the board is provided to the appellants with this                  
          decision.                                                                   
               3 Rudolf F. Graf, Modern Dictionary of Electronics 16                  
          (Howard W. Sams & Co. and The Bobbs-Merrill Co. 1972).                      
               4 McGraw-Hill Dictionary, supra note 2, at 1455.                       
               5 Modern Dictionary of Electronics, supra note 3, at 410.              
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