Appeal No. 1997-2455
Application 08/318,235
transmit messages. Beigel teaches that the variable load
applies a load to the resonant circuit in accordance with a
message from the controller. See column 7, lines 24 through
40. We find that the application of the variable resistor’s
load to the resonant circuit of Beigel’s coil 210 and
capacitor 220 will change the resonant frequency of coil
capacitor circuit. As such, the coil capacitor circuit will
have one resonant frequency and when the load is applied, the
coil capacitor circuit will have a second resonant frequency.
Thus, we find that Beigel discloses all of the limitations of
claim 29 and we affirm the Examiner's rejection under 35
U.S.C. § 102.
We next turn to the rejection of claims 30 and 65 under
35 U.S.C. § 103. The Examiner has not set forth a prima facie
case. It is the burden of the Examiner to establish why one
having ordinary skill in the art would have been led to the
claimed invention by the express teachings or suggestions
found in the prior art or by the implication contained in such
teachings or suggestions. In re Sernaker, 702 F.2d 989, 995,
217 USPQ 1, 6 (Fed. Cir. 1983). “Additionally, when
determining obviousness, the claimed invention should be
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