Ex parte WAUGH et al. - Page 4




               Appeal No. 1997-3923                                                                                                
               Application 08/212,203                                                                                              


                              transmitting the correction signal to the actuator driver to control the current                     
                                      supplied to the actuator.                                                                    


                       The following references are relied on by the examiner:                                                     

               DuVall                         4,355,273                             Oct. 19, 1982                                  
               Lee                                   4,638,230                              Jan.  20, 1987                         
               Edel et al. (Edel)                    4,835,633                              May 30, 1989                           

                       Claims 1, 2, 5, and 6 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                

               examiner relies upon Edel in view of Lee.                                                                           

                       Claims 3, 4, and 7 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                   

               examiner relies upon Edel in view of Lee, further in view of DuVall.                                                

                       Rather than repeat the positions of appellants and the examiner, reference is made to the Brief             

               and the Answer for the respective details thereof.                                                                  

                                                            OPINION                                                                

                       In reaching our conclusion on the issues raised in this appeal, we have carefully considered                

               appellants’ specification and claims, the applied patents, and the respective viewpoints of appellants              

               and the examiner.  As a consequence of our review, we are in general agreement with appellants (Brief,              

               pages 8 to 19) that the claims on appeal would not have been obvious to one of ordinary skill in the art            

               at the time the invention was made in light of the collective teachings of the applied prior art.  We find          

               that the examiner has failed to make out a prima facie case of obviousness.  For the reasons which                  


                                                                4                                                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007