Ex parte CANTER - Page 6




          Appeal No. 1998-2460                                                        
          Application No. 08/654,763                                                  


               However, reference to Figures 3 and 4, and column 5,                   
          lines 47-49 indicates that, in Bavaro, the operating point                  
          adjustments and load regulation is a “function of readings                  
          from only the battery current sensor” [emphasis ours].  Thus,               
          Bavaro specifically teaches that both the battery current and               
          the load are not employed in operating the pulse width                      
          modulated regulator.  We note that column 5, lines 52-53,                   
          recites that “Battery current was chosen for simplicity” which              
          might leave open the possibility that other current measures                
          could be employed.  However, such a suggestion is still a few               
          steps away from suggesting that perhaps both battery current                
          and load current should be sensed.  As far as we can tell from              
          the record, including the examiner’s allegations, the only                  
          suggestion for sensing both the battery current and the load                
          current comes from appellant’s disclosure alone.                            
               Even in the rationale explaining the rejection, at page 4              
          of the answer, the examiner states that Bavaro discloses                    
          “...the sensing of the output current delivered to load that                
          is used as a signal sent to a pulse width modulator to control              
          the switching power converter...”  However, the examiner does               


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