Ex Parte Deaton - Page 7

                Appeal 2006-3382                                                                               
                Application 10/461,709                                                                         

                   6. Appellant further argues that claims 5, 7, 14, 18, 21, 30, 34, 38, and                   
                      41 claim sensing of the current levels of the transistor switches in the                 
                      two Buck circuits, which he alleges is not shown in Goluszek.                            
                      Examiner contends that the “error amplifiers measure the inductor                        
                      currents [which are] the same currents that flow through the                             
                      transistors 60, 70.  Therefore the output current of [the] transistors are               
                      also measured.”  Referring to Goluszek’s Figure 5, we note that the                      
                      current flowing through transistor switch 60 also flows through                          
                      inductor 65 (diode 81 being non-conducting to that current).  Thus we                    
                      find the Examiner’s contention accurate.                                                 
                   7. With regard to claims 32 and 40, the limitation “adapted to receive a                    
                      current command signal” is noted.  We find, however, that the output                     
                      of Goluszek’s amplifiers 104 and 112, called current error amplifiers                    
                      in that reference, creates a set of signals that are the command signals                 
                      as claimed.                                                                              
                   8. With respect to claims 57-60, we are drawn to carefully consider the                     
                      scope and meaning of the phrase “adapted to receive a user selectable                    
                      current command signal for controlling the magnitude of said                             
                      electrical pulse generated across said load.”  Appellant contends that                   
                      the term must be viewed in terms of the Specification, which recites                     
                      that the user’s selection may be from such means as “adjusting a                         
                      potentiometer, or from a D-to-A (‘digital-to-analog’) converter that                     
                      receives the amplitude setting from a computer.”  (Specification 8).                     
                      In Goluszek, Appellant contends, one merely has a set error signal                       


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