Appeal No. 1998-0750
Application 08/232,135
involves adding another capacitor to the circuit of Fukuoka, the
examiner has set forth no motivation for the modification
suggested. The mere fact that the prior art may be modified in
the manner suggested by the examiner does not make the
modification obvious unless the prior art suggested the
desirability of the modification. In re Fritch, 972 F.2d 1260,
1266, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992).
Independent method claim 33 recites the steps of integrating
a first current signal, integrating a second current signal, and
comparing the integrated first and second signals. Independent
apparatus claim 50 recites first means for integrating a first
energy signal, second means for integrating a second energy
signal, and means for comparing the first and second integrated
energy signals. In view of the above limitations, the rejection
of claims 33 and 50 as obvious over Fukuoka will not be sustained
for the same reason that the rejection of independent claim 18
will not be sustained.
Whereas claims 34, 35, 55, 56 and 57 depend directly or
indirectly on claim 33 and claims 53 and 54 depend directly on
claim 50, we will not sustain the rejection of these claims as
obvious over Fukuoka. Whereas claim 51 depends directly on claim
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