Ex parte SHULTZ - Page 11




              Appeal No. 1998-2932                                                                                     
              Application No. 08/603,680                                                                               


              provide power outputs.  Appellants also contend that because Sagues recites a solid-state                
              switch to power an actuator, this does not necessarily provide a power output to a terminal.             
                     We do not find appellants arguments in this regard to be persuasive.  Sagues                      
              clearly discloses a switch for powering an actuator.  The actuator clearly enables                       
              functioning of some output device.  Thus, it appears to us that unless there is evidence to              
              the contrary of which we are unaware, Sagues does, indeed, provide power to some                         
              output terminal.  If not, no load at the output would be operable.                                       
                     At the telephonic hearing of May 17, 2001, appellants’ representative was invited to              
              point to a specific claim limitation in claim 5 which distinguished over Sagues and/or to                
              dispute the examiner’s correspondence of elements at pages 7-8 of the answer but no                      
              such indication or dispute was made.  General allegations of the reference’s inapplicability             
              to the claimed subject matter do not suffice to overcome the prima facie case of                         
              obviousness set forth by the examiner.                                                                   
                                                 CONCLUSION                                                            
                     We have sustained the rejection of claim 5 under 35 U.S.C. § 103 but we have not                  
              sustained the rejection of claims 1-4 and 6-12 under 35 U.S.C. § 103.                                    








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