Ex parte BARTLETT - Page 5




          Appeal No. 1999-1855                                                         
          Application 08/738,916                                                       

               that the circuit of Fig. 4 still will not provide a full                
               range of operation.  This is because S11 of Fig. 4 would                
               still have the same problems disclosed with respect to                  
               the parasitic diodes when using an "n-channel transistor"               
               for S8 of Fig. 3.                                                       
               While the Examiner's rationale is not totally clear to                  
          us, we do our best to address it.                                            
               It is the claimed subject matter that must be enabled.                  
          Thus, it is the Examiner's duty to point out what language in                
          the claim is not enabled.  The language quoted by the Examiner               
          in the first sentence is only found in canceled claim 1, not                 
          the claims on appeal.  As best we can determine, the Examiner                
          has a problem with the n-channel and p-channel limitations in                
          the "wherein" clause of claim 8 and in claim 23, which is why                
          claim 21 is not included in the rejection.                                   
               Before getting to the merits, the Examiner seems to have                
          an objection to the terminology of "n-channel" and                           
          "p-substrate using an N-well process" at page 3 of the                       
          specification and also in the claims (EA6):  "This disclosure                
          is confusing because an 'n-type transistor' is not generally                 
          formed from 'p-type substrate having n-type well'".  We do not               
          see the problem.  Appellant discloses a conventional N-well                  
          CMOS formation in figure 2, which has "a p-type substrate                    

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