Appeal No. 96-0517
Application 08/264,473
increase in the cut-off frequency of the low pass filter and
consequent disabling of effective dc feedback (Spec. at 5:21-
25). The examiner, characterizing this as an "admitted
problem" (Answer at 4:21), argues that Feldt "provides for
rapid switching of the voltage to a transistor, indicating
that the same circuit would charge and discharge a capacitor
quickly" (Answer at 5:7-9). More particularly, the examiner
contends the exponential amplifier 160 in Feldt's Figure 5
"allow[s] for fast charging and discharging of [its output]
node 270" (Answer at 5:18-19). Even assuming for the sake of
argument that the examiner is correct to characterize the
unwanted increase in cut-off frequency associated with
increasing the gm value in the prior art circuit as an
"admitted problem," the examiner's position is untenable
because Feldt's node 270 is not disclosed as being connected
to a capacitor, let alone for the purpose of allowing it to be
quickly charged and/or discharged. As a result, the
examiner's new rationale also appears to be a hindsight
combination based on appellants' disclosure. The rejection of
claim 14 for obviousness over the admitted prior art in view
of Feldt is therefore reversed, as is the rejection of
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