Appeal No. 1997-3179
Application No. 08/244,286
The examiner goes on to reason that Kane teaches the use
of distributed capacitance inherent in line transmission
systems and Hale teaches the use of distributed capacitance
inherent in the inductors of a line transmission filter.
Based on these auxiliary teachings, the examiner concludes
(Answer, page 5) that:
It would have been obvious to one of
ordinary skill in the art at the time the
invention was made to eliminate the
condensers (capacitors) taught by Weissner
for reducing high frequency signals... for
the reason of eliminating parts count and
thus cost of product....
In response, the appellant argues that his invention
would not have been suggested by the cited references. Stated
differently, appellant appears to be arguing that the examiner
has resorted to hindsight in reconstructing the prior art to
demonstrate the obviousness of the claimed invention.
In support thereof, the appellant (Brief, pages 4-5) points to
the fact that both Hale and Kane require the inclusion of a
capacitor device to obtain the necessary control and make
their respective inventions functional.
In rebuttal, the examiner maintains the position (Answer,
page 7) that Kane and Hale teach that there are inherent
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