Appeal No. 97-1408
Application No. 08/210,979
to the resonant tank circuit, and output load
voltage, see Schutten et al., column 5, lines 1-11)
measurable state variable --- (specific state
trajectory, line 58 of Schutten et al)
phase-frequency characteristic which is
monotonically decreasing: --- (see, e.g., figure 5
of Schutten et al.)
phase-angle setpoint value --- “desired state
trajectory” as set forth in Schutten et al at column
4 lines 58-60.
phase-angle system deviation --- deviation from
the desired value (phase-angle setpoint) this
deviation (phase-angle system deviation) creates a
new setpoint (Schutten et al. column 5 lines 46-50).
Appellants’ response (Repy Brief, pages 1 through 3) to
the examiner’s contentions is reproduced in toto as follows:
In the Answer, the Examiner sets forth, for the
first time, a list of alleged equivalents between
the claimed invention and the disclosure of the
references upon which the Examiner relies.
Among other equivalents, the Examiner contends
that the “measurable state variable” recited in
independent claim 1 corresponds to the “specific
state trajectory” discussed at column 4, lines 57-58
of the Schutten patent. This is simply not the
case. The specific state trajectory discussed in
Schutten relates to optimal trajectory control, a
technique that is fundamentally different than that
of the phase-control method of the claimed
invention. As discussed in the Schutten patent,
optimal trajectory control, which is used in the
Schutten device over an operable frequency range
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