Ex parte BACH et al. - Page 5




          Appeal No. 97-1320                                                          
          Application 08/431,001                                                      

          record, and (2) the examiner improperly relied on his own                   
          wisdom (albeit in hindsight) in the art of electronics to                   
          support the rejection."  The Examiner argues that the                       
          modifications are not based on hindsight, but would have been               
          obvious to the one of ordinary skill in the art of electrical               
          engineering based on known design goals (EA5-6).  We agree                  
          with Appellants that the rejection is improperly based on                   
          hindsight.                                                                  
               As explained in the description of the admitted prior art              
          of figure 1, the ratio of the resistance of resistor 28 to the              
          resistance of resistor 42 must be large, say, 10:1, to assure               
          that the gate-to-source voltage V  is sufficient at low                     
                                           GS                                         
          battery voltage to turn on the driver (specification, page 2,               
          lines 26-36).  The capacitor 30 and resistor 42 are selected                
          to yield a fast time constant or charge rate (specification,                
          page 3, lines 1-10).  "When the transistor [34] turns off, the              
          capacitor 30 discharges through resistor 28.  Since                         
          resistor 28 is ten times larger than resistor 42 the time                   
          constant will be ten times larger, causing the turn-off event               
          to proceed at a much slower rate."  (Specification, page 3,                 
          lines 10-14.)                                                               

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