Appeal No. 97-3672
Application 08/515,312
obviousness with regard to the appellant’s specifically
claimed invention.
The examiner has failed to demonstrate any suggestion
from the prior art that a relationship between (1) the
resonance frequency of a circuit formed by the serially
connected inductor and first and second capacitors in
parallel, and (2) the operating frequency of the DC-AC
converter, would have been a recognized result-effective
variable for maximizing the power factor. The examiner has
shown nothing to indicate that one with ordinary skill in the
art would have known how such a relationship would have
affected the resulting power factor. Note that to support an
argument that a claim feature constitutes mere optimization by
routine experimentation, one must first demonstrate that the
result-effectiveness of the variable at issue was recognized
by one with ordinary skill in the art. See, e.g., In re
Antonie, 559 F.2d 618, 620, 195 USPQ 6, 8 (CCPA 1977).
Obvious to try varying a parameter to achieve optimization is
not the standard. Id.
For the foregoing reasons, the rejection of claims 1-14
cannot be sustained.
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