Ex parte KITA et al. - Page 7




              Appeal No. 1999-1937                                                                                         
              Application No. 08/470,122                                                                                   


              from the other machine to the one machine.  There is no evidence that the DC/DC                              

              converter disclosed by DeDoncker would be an equivalent structure to Dishner’s                               

              DC/DC                                                                                                        





              converter in performing this function.  Accordingly, the examiner has provided                               

              insufficient evidence as to why the skilled artisan would have been led to substitute                        

              DeDoncker’s DC/DC converter for the DC/DC converter of Dishner.  Thus, the                                   

              examiner’s reasoning falls short of a prima facie showing of obviousness of the instant                      

              claimed subject matter.                                                                                      

                     The examiner’s decision rejecting claims 1, 2, 14, 22, 23 and 24 under 35 U.S.C.                      

              § 103 is reversed.                                                                                           

                                                  REVERSED                                                                 




                                    ERROL A. KRASS                             )                                           
                                    Administrative Patent Judge                )                                           
                                                                               )                                           
                                                                               )                                           
                                                                               )                                           

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