Appeal No. 1997-0600
Application 08/291,207
fails to teach or suggest providing the claimed path of an OFF
driving current that includes the inductor and a path of an ON
driving current which excludes the inductor as recited in
Appellants' claims.
The Federal Circuit states that "[t]he mere fact
that the prior art may be modified in the manner suggested by
the
Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984).
We have not sustained the rejection of claims 2
through 7, 10 and 11 under 35 U.S.C. § 103. Accordingly, the
Examiner's decision is reversed.
REVERSED
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