Ex parte BARLAGE - Page 4




          Appeal No. 1997-0288                                                        
          Application No. 08/200,123                                                  


               Reference is made to the briefs and the answer for the                 
          respective positions of the appellant and the examiner.                     
                                       OPINION                                        
               The obviousness rejection of claims 1 through 9 is                     
          reversed.                                                                   
               According to the examiner (Answer, pages 3 and 4):                     
                    Saito et al discloses the invention essentially                   
               as claimed including a transformer (T1), diode (Q3),                   
               resistor (R6), a transistor (Q1), a pulse-width                        
               modulator (3) and a voltage dividers [sic] (R2-R4)                     
               as claimed except for the [sic] obtaining the output                   
               of a substantially constant current, variable                          
               voltage output.  However, it would have been obvious                   
               to one having ordinary skill in the art at the time                    
               the invention was made to obtain the output of a                       
               substantially constant current, variable voltage                       
               output which is merely a designer’s choice, since                      
               all of the essential elements for a constant                           
               current, variable voltage device of the present                        
               invention are present in the cited reference.                          
               In response to the rejection, appellant argues (Brief,                 
          page 4) that “[i]n no manner can a circuit breaker, or even                 
          the ten circuit breakers of Saito, suggest a continuously                   
          operational control arrangement that finely controls output                 
          current to a constant level” because “Saito’s arrangement                   
          operates only to modify or lower the maximum current                        
          threshold, rather than creating a constant current output.”                 

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