Ex parte PORTER et al. - Page 8




          Appeal No. 1996-3126                                                        
          Application No. 08/300,586                                                  


               As to claims 2 and 22, the examiner contends (Final                    
          Rejection, page 3) that the switches in the references have pn              
          junctions, which are known to have varactor capacitance                     
          associated therewith.  In the Examiner's Answer (page 7), the               
          examiner explains that transistors have interelectrode                      
          capacitance and thus concludes that the limitation of varactor              
          capacitance is met.  In other words, the examiner appears to                
          equate varactor capacitance with interelectrode capacitance.                
          We agree with appellants (Brief, page 7) that it is not true                
          that the disclosed switches inherently have varactor                        
          capacitance, and the examiner has provided no evidence to                   
          persuade us otherwise.  Further, Sokal gives no indication                  
          that the transistor capacitance is a varactor capacitance.                  
          Therefore, we must reverse the rejection of claims 2 and 22                 
          over Sokal.                                                                 
               Krauss states on page 450 that "capacitance C is                       
          independent of voltage (i.e., there are no varactor effects),"              
          where C equals the capacitance C  inherent in the transistor                
                                          1                                           
          and capacitance C  added to improve the amplifier (see page                 
                           2                                                          
          448).  In other words, Krauss does not include a varactor                   
          capacitor, and therefore cannot anticipate claims 2 and 22.                 
                                          8                                           





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