Appeal No. 97-1163
Application 08/200,044
series-connected variable resistances which are respectively
coupled in parallel to a corresponding one of two series-
connected cooling apparatuses or lasers. The invention is
more than merely connecting two cooling apparatuses (claim 1)
or two lasers (claim 12) in series. Clearly, several features
of the claimed invention have not been adequately accounted
for.
The examiner’s approach improperly puts the burden on
appellants to demonstrate nonobviousness. Under 35 U.S.C.
§ 102, a patent shall issue unless the examiner has
established one of the basis for refusing the issuance of a
patent. It is not enough to reject these claims simply
because variable resistances are known, cooling apparatuses
are known, lasers are known, microcontrollers are known, and
series and parallel connections are known. It is the
"combination" of elements as recited by the appellants which
must be rendered obvious. If it is the examiner’s view that a
well known way to control devices connected in series is by
way of series-connected variable resistances which are each
positioned in parallel with a corresponding one of the
controlled devices, a citation to some reference, e.g., text
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