Ex parte SAKAI et al. - Page 7




                     Appeal No. 1996-1088                                                                                                                                              
                     Application 08/251,999                                                                                                                                            


                     limiting the rate to within a predetermined range.”  The                                                                                                          
                     examiner argues that Arai’s controller is capable of providing                                                                                                    
                     a rate of change in the measured values provided to it                                                                                                            
                     (answer, pages 6 and 13).  This argument is not well taken                                                                                                        
                     because, as discussed above, the examiner has not established                                                                                                     
                     that the teachings of Saito and Arai would have fairly                                                                                                            
                     suggested, to one of ordinary skill in the art, using Arai’s                                                                                                      
                     controller in Saito’s control system.  We therefore reverse                                                                                                       
                     the rejection of claims 12-14 and claim 15 which depends from                                                                                                     
                     claim 14.                                                                                                                                                         
                                           Rejection of claims 3-9 over Saito taken with                                                                                               
                                        Arai and Yamaguchi, and rejection of claims 6-9                                                                                                
                                           over Saito taken with Arai, Yamaguchi and Lin                                                                                               
                                Independent claims 3 and 6 require “means for varying a                                                                                                
                     mean value of the dc voltage at a constant rate.”  For the                                                                                                        
                     reasons given above regarding claims 1 and 10, which include                                                                                                      
                     this limitation, we reverse the rejection of claim 3 and claim                                                                                                    
                     4 which depends therefrom, and the rejections of claim 6.1                                                                                                        
                                The examiner argues that claim 5 stands or falls with                                                                                                  

                                1 The examiner relies upon Yamaguchi for a disclosure of a                                                                                             
                     mineral adding device (answer, page 7), and not for any                                                                                                           
                     teaching which would have fairly suggested, to one of ordinary                                                                                                    
                     skill in the art, the voltage varying means discussed above.                                                                                                      
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