Ex parte KIRCHBERG - Page 8




              Appeal No. 1997-0211                                                                                        
              Application No. 08/252,288                                                                                  


              to a harmonic of the fundamental frequency wherein one quantity corresponds to the varied                   
              switching angle and the other quantity corresponds to the unvaried switching angle.  We                     
              disagree with appellant with respect to the lack of a prima facie case of nonobviousness.                   
              The Examiner has set forth the argument that one skilled in the art would have predicted                    
              any desirable quantity depending on the intended use of the system.   (See final rejection                  
              at page ii.)  We agree with this general premise.  Therefore, the general premise of                        
              calculating two quantities with respect to the switching angle would have been obvious as                   
              the Examiner suggests in light of the disclosure by Maddali that the switching angle                        
              changes with the output.   Furthermore, as a general premise, the control of the switching                  
              angle would have been based upon the relative closeness of the predicted values to some                     
              desired or preset  value.  Having the switching angle vary when the varied prediction is                    
              better and vice versa when the unvaried prediction is not better would have been the most                   
              basic control.  Therefore, this argument is not persuasive.                                                 




                     Appellant argues that “Kislovski does not teach or suggest the prediction of two                     
              variables, one based on one set of switch operating parameters and the other based on                       
              a different set of operating parameters. . . . to determine the better of the two operating                 
              parameters for selection and use in the succeeding cycle. ”  (See brief at page 20.)                        


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