Appeal No. 1996-3126
Application No. 08/300,586
choosing" in the examiner's rejection. For each reference,
the examiner has used a single figure and the description
thereof. Appellants continue (Brief, page 5) that the
examiner "pick[ed] through the reference . . . without any
deference to what the reference truly teaches." This merely
restates the argument that the references teach away from the
claimed invention, with which we have dealt supra. Appellants
also contend that the references are not enabling, primarily
relying on the affidavit of Mr. Nathan O. Sokal.
Mr. Sokal states (Affidavit, page 2) that both references
"show that the circuit can operate in a mode having voltage
across the switch at turn-on time and they tell what circuit
conditions cause this operating mode" (underlining added for
emphasis). Thus, according to Mr. Sokal, the references
disclose the specific conditions to obtain the claimed
operating mode, thereby providing enablement. Mr. Sokal goes
on to say that the references do not suggest using such an
operating mode, but that again pertains to teaching away, not
to enablement. Accordingly, we are not persuaded by the
additional arguments.
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