Ex parte NILSSEN - Page 4




          Appeal No. 1997-3924                                                        
          Application No. 08/571,634                                                  


               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellant and the examiner.  As a consequence of our                     
          review, we will reverse the obviousness rejections of claims                
          17 through 33.                                                              
               Independent claims 17, 19, and 26 each require a "tuned                
          L-C circuit."  Appellant argues (Brief, page 4) that neither                
          Perper nor Elms discloses such a circuit.  The examiner                     
          (Answer, pages 4-5) points to transformer inductance 22 and                 
          capacitors C3-C5, asserting that they provide for tuning.                   
          However, nowhere does the examiner provide any evidence that                
          would indicate that the combination of elements 22 and C3-C5                
          actually forms a tuned L-C circuit as recited in the claims.                
          Further, with respect to claims 17 and 19, capacitors C3-C5                 
          fail to meet the limitation that the capacitor must be located              
          across the AC output terminals.  In rejecting claims under 35               
          U.S.C.  103, the examiner has the initial burden to establish              
          a factual basis to support the legal conclusion of                          
          obviousness.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                 
          1596, 1598 (Fed. Cir. 1988).  The examiner has failed to meet               
          this burden.                                                                
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