Ex parte SCHULTZ - Page 9




          Appeal No. 97-0984                                                          
          Application 08/546,345                                                      



          as long as they are in a normal range.  Appellant argues that               
          this purpose of Crafts is unlikely to lead to power                         
          conservation [brief, page 7].  We agree with appellant.                     
          There is no evidence on this record that the Crafts inverter                
          would result in any power savings if substituted for the                    
          inverters of Shay or Mahabadi.  Thus, the motivation asserted               
          by the examiner for combining the teachings of Crafts with                  
          either Shay or Mahabadi is not suggested by any of the                      
          applied references.  Therefore, the only reason to make the                 
          substitution proposed by the examiner would be to improperly                
          reconstruct the invention in hindsight based on appellant’s                 
          own disclosure.  Since we find no suggestion within the                     
          applied prior art for combining their teachings in the                      
          claimed manner, we do not sustain the rejection of                          
          independent claim 1.  Consequently, we also do not sustain                  
          the rejection of dependent claims 2-4.                                      
          Although appellant makes several additional arguments                       
          regarding the propriety of the rejection even if Crafts is                  
          properly combined with Shay or Mahabadi, we need not consider               
          these arguments in view of our determination above that there               

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