Appeal 2007-1557
Application 10/943,536
“without switching”, Fangio does disclose using transistors to switch from primary
power supplies to capacitive backup supplies, albeit without human intervention
(i.e., automatically). Fangio thus does not teach supplying capacitively stored
electrical energy from an electrical energy back up system without switching
between the back up system and the main supply source. However, Corio
discloses no electrical switches for changing from primary power sources to
battery back-up.
Since Fangio is relied on only for the use of a capacitor as a back-up power
source instead of a battery, the combination of Corio and Fangio would supply
capacitively stored electrical energy from the electrical energy back-up
system without switching between the electrical energy back-up system and the
main supply source. Moreover, although not cited by the Examiner, one of skill in
the art would recognize that it is a basic property of capacitors to discharge stored
energy to a circuit without the use of a switch when the power supply used to
charge the capacitor is lost.
Thus, the combination of Corio and Fangio only unites old elements with no
change in their respective functions and yields predictable results. Under KSR,
such a combination likely would be obvious. Because Appellant has provided no
evidence to rebut that presumption, we affirm the rejection of Claim 1-13 as an
obvious combination of Corio and Fangio.
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