Ex parte NYSTROM - Page 15




          Appeal No. 95-1844                                                             
          Application 07/822,063                                                         


          rejection of claims 8 and 9 also requires Deffenbaugh.                         
          Therefore, we will consider claims 8 and 10 separately for                     
          patentability since they should not have been grouped together                 
          based upon the examiner’s explanation.                                         
          Claim 8 adds a distortion-reducing impedance network                           
          to the apparatus of claim 7.  The examiner cites Deffenbaugh                   
          to support his position that it would have been obvious to                     
          provide such a network to the power monitoring device of                       
          Béjot.  It is the examiner’s position basically that reducing                  
          distortion is an inherent property of the circuitry of each of                 
          the applied references.  Appellant argues that any distortion                  
          reduction in the references individually does not suggest its                  
          use in a power monitoring apparatus as recited in claim 8.                     
          Our position on this point is basically the same as we                         
          discussed above with respect to the absolute value circuitry.                  
          Although the recitations of the distortion-reducing impedance                  
          network are very broadly recited in claim 8, we agree with                     
          appellant that the examiner’s rationale for combining the                      
          teachings of the references is not supported by the record in                  
          this case.  There is no evidence on the record that a network                  


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