Ex parte KIRCHBERG - Page 9




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


              Appellant does not identify the specific language in claim 1 to support this argument,                      
              and we find no clear support in the language of claim 1 for this detailed argument.                         
              Therefore, this argument is not persuasive.                                                                 
                     “On appeal to the Board, an applicant can overcome a rejection by showing                            
              insufficient evidence of prima facie obviousness or by rebutting the prima facie case with                  
              evidence of secondary indicia of nonobviousness.”   In re Rouffet, 149,F.3d 1350, 1355,                     

              47 USPQ2d 1453, 1455 (Fed. Cir. 1998).  As discussed above, appellant has not                               
              adequately rebutted the Examiner’s prima facie case of obviousness nor provided any                         
              evidence of secondary considerations.  Therefore, we will sustain the rejection of                          
              independent claim 1 and dependent claims 2 and 6-8 grouped therewith.                                       
                                                       GROUP 2                                                            

                     Appellant argues that the Examiner has not presented a prima facie case of                           

              obviousness with respect to claim 3 (GROUP 2).  (See brief at pages 20-22.)  We                             


              agree with appellant that the Examiner has not addressed the limitations of claim 3.  While                 
              we do find that Maddali does teach the use of integrators in the power inverter                             
              system, the Examiner has not addressed these limitations.  The Examiner has merely                          
              incorporated the final rejection into the answer and provided no responses to the                           




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