Ex parte OLE K. NILSSEN - Page 5

              Appeal No. 95-0325                                                                                                                       
              Application 07/859,616                                                                                                                   

              arguments until a request for reconsideration, there is a strong likelihood that the arguments will                                      
              not be considered because they are untimely.                                                                                             
                       In this case we must reverse the examiner's rejection.  The examiner did not consider the                                       
              time-varying switching frequency limitation because no support was found in the specification for                                        
              this limitation (Examiner's Answer, page 5).  Because we find support for the time-varying                                               
              switching frequency limitation, the limitation must be addressed in the anticipation rejection.                                          
              There are only three transistors in figure 1 of Kuroi.  The transistors 13 and 14 in the direct                                          
              current stabilizing circuit B operate at a more or less constant frequency to provide a constant                                         
              voltage at point F (column 3, lines 16-50) and, thus, do not have a time-varying switching                                               
              frequency.  The oscillating transistor 23 produces a constant high-frequency signal as evidenced                                         
              by the signal at the secondary winding 24c of the oscillation transformer 24 which must be                                               
              produced by winding 24a and transistor 23.  Thus, transistor 23 does not have a time-varying                                             
              switching frequency.  The rejection of claims 27-33 and 43-47 is reversed.                                                               
                       The rejections of claims 27-33 and 43-47 are reversed.                                                                          

                                KENNETH W. HAIRSTON                         )                                                                          
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