Appeal No. 96-2614 Application 08/098,740 reasonable suggestion for using transistors as resistors. The transistors disclosed in Carroll are used only for switching purposes. While Carroll does discuss the equivalent resistance of a field effect transistor, it is only in the context of how it affects the charge time of a switched capacitor and switch induced charge injection. The examiner has not pointed to any portion of Carroll which reasonably would have suggested using a biased transistor not for its switching capabilities but as a resistor. The examiner’s important finding that it was notoriously well known in the art to use biased transistors as resistors is not supported by adequate factual evidence. Accordingly, the rejection of claims 5 and 9 over the admitted prior art and Carroll cannot be sustained. The rejection of claims 1-4, 6-8, and 10-22 over the admitted prior art, Carroll, and Pirez also cannot be sustained because as applied by the examiner Pirez does not make up for the above-discussed deficiencies of the admitted prior art and Carroll. The examiner has not articulated how Pirez would 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007