Appeal No. 1998-1503
Application No. 08/676,907
our view, even without Takahashi, it appears to us that the
skilled artisan would have recognized that the fixed reference
voltage, 6, of Suquet may be made variable when it is desired
to change the signal to which the measured signal is compared.
Thus, allowing the reference signal in Suquet to be variable
would have enabled the artisan to control the amplitude of the
current flowing in the inductive load. The examiner also
relies on APA in contending the obviousness of employing a
well known reciprocating pump for the inductive load, 1, of
Suquet, especially in view of Suquet’s disclosure (column 1,
lines 16-17) that the patented device is applicable to the
solenoid valves of fuel injectors.
The examiner’s reasoning, at first blush, appears
reasonable and the examiner’s explanation of the applicability
of the applied references and reasons for combining the
references establishes, in our view, a prima facie case of
obviousness.
At this point, the burden was shifted to appellant to rebut,
by persuasive argument and/or objective evidence, the prima
facie case of obviousness.
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