Ex parte PORTER et al. - Page 11




          Appeal No. 1996-3126                                                        
          Application No. 08/300,586                                                  


          anticipation rejection of claim 54 and its dependent, claim                 
          35.                                                                         
               Similarly, for claim 55, the examiner merely states                    
          (Final Rejection, page 4, and Answer, page 6) that the voltage              
          waveforms of both Sokal and Krauss have a maximum voltage                   
          during the response time period.  Again the examiner concludes              
          that the claimed means (a means for increasing the power) is                
          inherent to the circuit.  The examiner, however, has ignored                
          the limitation that the maximum switch voltage must remain                  
          constant while the power level increases.  Further, the                     
          examiner has failed to identify in the references appellants'               
          disclosed means for accomplishing such an increase of the                   
          power, in accordance with Donaldson.  Since neither Sokal nor               
          Krauss discloses the claimed means, we cannot sustain the                   
          anticipation rejection of claim 54 and its dependent, claim                 
          35.                                                                         
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 2, 3, 5, 21              
          through 23, 25, 35, 38, and 52 through 55 under 35 U.S.C.                   




                                         11                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007