Appeal No. 1997-0027
Application No. 08/117,443
and are not shown to be structurally different than the
claimed power supplies, the burden is on appellant to show
that Mashiro’s power supplies do not inherently possess the
claimed functions. In re Schreiber, 128 F.3d 1473, 1478, 44
USPQ2d 1429, 1432 (Fed. Cir. 1997); In re Casey, 370 F.2d 576,
580, 152 USPQ 235, 238 (CCPA 1967). On this record, we find
no evidence that appellant has profered any evidence to meet
such burden. Accordingly, we affirm only the examiner’s
decision rejecting apparatus claims 23, 24, 27, 31 and 32
under 35 U.S.C. § 103 over Mashiro and apparatus claims 23
through 37 under 35 U.S.C. § 103 over Mashiro and Meacham.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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