Ex parte NILSSEN - Page 6




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


          we find no discussion of changing the output voltage frequency              
          in Perper and Elms.  Accordingly, the examiner has failed to                
          meet his burden in establishing a prima facie case of                       
          obviousness.  Therefore, we cannot sustain the rejection of                 
          claims 17, 19, and 26, and their dependents, claims 18 and 20               
          through 25.                                                                 
               Appellant argues (Brief, pages 7 and 8), regarding claims              
          27 and 31 that the references fail to suggest changing the                  
          frequency of the AC output voltage to limit its magnitude.                  
          Similar to above, we find no discussion in either reference of              
          changing the frequency, and the examiner has failed to meet                 
          his burden to present evidence showing that the prior art does              
          function as claimed.  Accordingly, we must reverse the                      
          rejection of claims 27, 31, and claim 32 (which depends from                
          claim 31).                                                                  
               As to claims 28 and 29, appellant contends (Brief, page                
          8) that nothing in Perper or Elms suggests that the frequency               
          of the AC output voltage changes in response to changes in the              
          magnitude of the AC output voltage.  Again the examiner has                 
          failed to provide any evidence or to point to any portion in                
          the references which would convince us that the circuit of                  
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