Ex parte SCAPELLATI - Page 4




          Appeal No. 97-0315                                                          
          Application 08/336,181                                                      


          (Fed. Cir. 1983).  “Additionally, when determining                          
          obviousness, the claimed invention should be considered as a                
          whole; there is no legally recognizable ‘heart’ of the                      
          invention.”  Para-Ordnance Mfg. V. SGS Importer Int’l, Inc.,                
          73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),                  
          cert. denied, 117 S.Ct. 80 (1996) citing W. L. Gore & Assocs.,              
          Inc. V. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309               
          (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).                        
                    With respect to claim 1, we have reviewed the                     
          Examiner’s rejection [answer, pages 3 to 4], the Examiner’s                 
          response to Appellant’s arguments [answer, pages 4 to 5] and                
          Appellant’s corresponding arguments [brief, pages 3 to 6].  We              
          agree with the Examiner that APA shows the voltage multiplier               
          circuit in figures 1A - 1C.  However, the claimed limitation:               
          “means for moving said voltage multiplier circuit in an intact              
          condition in response to an electrical instruction signal                   
          between a first position ... and a second position ... .”                   
          [claim 1, lines 10 to 16] is not shown by APA.  The Examiner                
          contends that it would have been obvious, to one of ordinary                
          skill in the art at the time of the invention, to automate the              
          switching operation of the power supply polarity, since “it                 
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