Ex parte HEIL et al. - Page 3




          Appeal No. 1996-4200                                                        
          Application No. 08/330,341                                                  


          said first and third MOSFETs each being a depletion MOSFET;                 
          and                                                                         
          all of said MOSFETs being of the same channel type and all of               
          said MOSFETs having a bulk terminal connected to said second                
          terminal for the supply voltage.                                            
               The references relied on by the examiner are:                          
          Van Zeghbroeck                     4,771,194                                
          Sept. 13, 1988                                                              
          Leipold et al. (Leipold)           5,434,521                July            
          18, 1995                                                                    
                                             (filed Nov.  19,                         
          1992)                                                                       
               Claims 1 and 4 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Leipold in view of Van Zeghbroeck.                  
               Reference is made to the brief and the answer for the                  
          respective positions of the appellants and the examiner.                    
                                       OPINION                                        
               The obviousness rejection of claims 1 and 4 is reversed.               
               The examiner acknowledges (Answer, page 3) that Leipold                
          differs from the claimed invention in that Leipold uses "CMOS               
          field effect transistors, while the appellants’ invention uses              
          four MOSFETS of the same channel type, i.e., n-type FETs."                  
          Leipold does not disclose the type of transistors used in his               
          circuit [but we presume that they are all of the enhancement                

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