Ex Parte Westerman - Page 7



                    Appeal No. 2003-2072                                                                                                                                  
                    Application No. 09/735,439                                                                                                                            

                    277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir. 2002).  With                                                                                     
                    these principles in mind, we commence review of the pertinent                                                                                         
                    evidence and arguments of Appellant and Examiner.                                                                                                     
                              Appellant argues that the Examiner has not pointed to any                                                                                   
                    teachings in Miyata or Hamano to configure a common-based                                                                                             
                    transistor to act as a switch.  See page 3 of the brief and reply                                                                                     
                    brief.                                                                                                                                                
                              The Examiner has shown that Miyata's Figure 1 shows a                                                                                       
                    transfer switch having a test signal input and first and second                                                                                       
                    ports, the transfer switch comprising a first routing switch                                                                                          
                    having a routing switch input for receiving said test signal                                                                                          
                    input and said first and second outputs, each output being                                                                                            
                    connected to the routing switch by a first switching element and                                                                                      
                    each output being connected to ground by a second switching                                                                                           
                    element as recited in Appellant's claim 1.  See page 3 of the                                                                                         
                    Examiner's answer.  The Examiner agrees that Miyata does not                                                                                          
                    teach first and second port termination switches connected to                                                                                         
                    said first and second outputs, respectively, of said first                                                                                            
                    routing switch, each termination switch comprising a common-base                                                                                      
                    transistor as recited in Appellant's claim 1.  However, the                                                                                           
                    Examiner points to Hamano's Figure 10 which shows a low-pass                                                                                          
                    filter for filtering very high frequency.  The Examiner points                                                                                        
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