Appeal No. 97-3672
Application 08/515,312
capacitors to a range between 0.1 Fb and 2.0 Fb, where Fb is
the operating frequency of the DC-AC converter.
The examiner addressed the resonance frequency limitation
as follows (Paper No. 8 at 3):
With regard to determining the optimum range for the
component values used within the specific circuit
arrangement and therefore the resonance frequency, this
would be well within the skill of one of ordinary skill
in the art, i.e., involving only routine skill in the
art.
The examiner further relies on Shackle for its teaching of the
desirability of having a high power factor for a circuit of a
gas discharge lamp. (Answer at 4-6) (Shackle at column 2,
lines 25-27 and column 3, lines 17-21).
The conclusion of obviousness on the basis of
optimization is unsupported by sufficient reasoning and
underlying factual findings. While we may be persuaded that
optimization is commonly desired by one with ordinary skill in
the art, the examiner has not established that the appellant’s
specifically claimed feature is a recognized or obvious means
to achieve the optimization. In that regard, the examiner’s
position is merely conclusory.
The examiner acknowledges that the prior art does not
disclose the resonance frequency setting feature claimed by
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