Ex parte HOLLENBECK - Page 10




          Appeal No. 98-0984                                                          
          Application 08/428,561                                                      



                    The examiner's position as to this rejection is                   
          (final rejection, page 4):                                                  
                    It is taken to be admitted prior art that                         
                    rectifier and capacitive components (either                       
                    electrolytic or nonelectrolytic) for                              
                    converting AC to DC for motor power supply                        
                    and the use for temperature responsive                            
                    motor protection circuits are old in the                          
                    art in view of applicant's failure to argue                       
                    that such elements are not conventional in                        
                    response to the First Office Action.                              
                    Accordingly, it would have been obvious to                        
                    one of ordinary skill in the art at the                           
                    time the invention was made to have                               
                    modified the system of Voss such that it                          
                    included same.  It is considered to have                          
                    been an obvious matter of engineering                             
                    design choice to use the most appropriate                         
                    electrical components for the environment                         
                    in which they are to be used (i.e.                                
                    nonelectrolytic capacitive components if                          
                    the AC to DC converter circuit is placed                          
                    inside the compressor housing).                                   




          Appellant argues on page 7 of his brief that:                               
                    Applicant admits only that electrolytic and                       
                    non-electrolytic capacitive components are                        
                    known but does NOT admit that such                                
                    components have been selectively applied as                       
                    described and claimed by the invention.                           
                    The Examiner argues that such components                          
                    are a design choice.  However, the cited                          
                    prior art fails to recognize that such                            
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