Ex Parte Clark et al - Page 5



          Appeal No. 2002-0635                                                        
          Application No. 09/534,583                                                  
          appeal.  The examiner appears to rely only upon the Fig. 3A                 
          embodiment of Hosozawa.  The examiner’s rationale at this portion           
          of the answer does not address the functional limitations of                
          “said middle portions having a configuration to substantially               
          prevent inflection points along a saturation curve of said                  
          choke.”  The corresponding slightly more specific version of this           
          feature is set forth at the end of claim 22 on appeal as “said              
          air gap having a configuration which results in said inductance             
          of said choke gradually changing with an output current of the              
          welder without saturation in said air gap thereby eliminating               
          inflection points during operation of said welder.”                         
               It is thus apparent that the examiner’s rejection cannot be            
          sustained on its face because there is not evidence before us               
          that the structure identified by the examiner in Hosozawa                   
          discloses structure which is capable of performing the recited              
          functional limitations just noted.  A study of this reference               
          leads us to agree with appellants’ position in the brief and                
          reply brief that Hosozawa does not teach or disclose the                    
          electrical/magnetic properties of the chokes or ferrite cores               
          disclosed among his various embodiments.                                    



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