Ex parte FERRARIO - Page 7




          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                   



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