Appeal No. 1999-1855
Application 08/738,916
having an n-type isolated well" (specification, p. 2,
lines 7-8). A p-channel transistor is formed in the N-well
and an n-channel transistor formed in the p-substrate
(specification, p. 2, lines 8-10). Appellant discloses using
both n-channel and p-channel transistors of this conventional
CMOS formation shown in figure 2, having "a p-type substrate
having an n-type isolated well" (specification, p. 2,
lines 7-8); e.g., "in Figure 1, the voltage doubler requires
one p-channel switch transistor S4 and three n-channel switch
transistors S1, S2 and S3" (specification, p. 2, lines 24-26).
Although there are other n-channel and p-channel structures,
the transistors in the "wherein" clause of claim 8 and in
claim 23 refer to the p-type substrate N-well CMOS structure
of figure 2.
The specification does not disclose, and claims 8 and 23
do not recite, which transistors are n-channel and which are
p-channel. However, the Examiner does not contend that the
claims lack an enabling disclosure because one of ordinary
skill in the art would not have had the skill to determine
which switches should be made from n-channel transistors and
which should be made from p-channel transistors. Instead, the
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