Ex parte CANTER - Page 8




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


          sensor I  but we find absolutely no suggestion in Bavaro that               
                  BC                                                                  
          more than the battery current is sensed for determining the                 
          operating point.  It also does not appear that any of the                   
          other applied references can cure this deficiency of Bavaro,                
          except, possibly, Frederick.  Frederick does disclose a                     
          control signal derived from a current sensor which senses the               
          output current which comprises a battery current and a load                 
          current (See Figure 2 of Frederick).  However, independent                  
          claim 1 requires that the duty cycle of the pulse width                     
          modulated switching power converter is controlled only in                   
          accordance with the sensed output current.  Frederick’s duty                
          cycle is controlled in accordance with the control signal 36                
          and the output voltage of the solar array.  Since there is no               
          suggestion of doing away with the solar array output voltage                
          as a controlling factor, Frederick does not appear to aid in                
          providing for the deficiency of the other references regarding              
          the subject matter of instant claim 1.  Thus, we will not                   
          sustain the rejection of independent claim 1 under 35 U.S.C.                
          103.                                                                        




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