Ex parte NILSSEN - Page 5




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


               Additionally, independent claims 17, 19, and 26 each                   
          recite that the frequency of the output voltage is changed                  
          away from the natural resonance frequency of the L-C circuit                
          to change the magnitude of the output voltage.  Appellant                   
          contends (Brief, pages 5 and 6) that neither Perper nor Elms                
          teaches or suggests any relationship between the AC output                  
          voltage frequency and the natural resonance frequency of the                
          L-C circuit, and more specifically, changing the AC output                  
          voltage frequency away from the natural resonance frequency of              
          the L-C circuit.  The examiner postulates (Final Rejection,                 
          page 3) that "[i]t is a simple matter of design consideration               
          for one of ordinary skill in the art to realize that moving                 
          ... below or above the resonance frequency of the tuned                     
          circuit will lower the AC output level (keeping in mind the                 
          bell shaped curve with the maximum output at the resonant                   
          frequency)."                                                                
               Again the examiner has provided no evidence in Perper or               
          Elms suggesting that the circuitry in the references performs               
          as recited in the claims, such that the output voltage changes              
          in response to a change in the frequency of the output voltage              
          away from the resonant frequency of the L-C circuit.  Further,              
                                          5                                           





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