Ex parte DOWE - Page 6




                Appeal No. 96-0656                                                                                                          
                Application 08/099,277                                                                                                      


                references.  The Examiner has cited Dey for teaching this feature and cited to Col. 1, lines                                
                37-40 of the reference.   We do not find any teaching at this point in the Dey reference                                    
                concerning multiple reference voltages.                                                                                     
                        Appellant argues the combination of references and specifically that the Patino                                     
                reference  discloses recharging of battery packs using a pocket and this is not directed to                                 
                the problem of mixing of batteries as is the claimed invention.   (See brief at pages  4-5).                                
                We agree.  The Examiner has not provided adequate motivation for combining the                                              
                teachings of Patino with those of Dey and Hodgman ('144).  Appellant further argues that                                    
                the references do not mention "simultaneously charging separate battery cells."  (See brief                                 
                at page 4.)  We agree, but note that the language of claim 7 does not explicitly require                                    
                "simultaneously" charging, therefore the argument is beyond the scope of the claim                                          
                language.                                                                                                                   
                        We find that the examiner has not met the burden of setting forth a prima facie case                                
                of obviousness in rejecting claims 7-11.  Our reviewing court has stated that obviousness                                   
                is tested by "what the combined teachings of the references would have                                                      
                suggested to those of ordinary skill in the art."  In re Keller, 642 F.2d 413, 425, 208                                     
                USPQ 871, 881 (CCPA 1981).  Here, the prior art contains neither a teaching nor a                                           
                suggestion to include a polarity detector which controls the charging circuit and the use of                                
                multiple reference voltages in the control of the charging circuitry as set forth in the                                    


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