Appeal No. 1998-2148
Application 08/764,783
factor of 6 from their low to high end. We have considered
these factors since Appellants presented them in their
arguments. However, we base our decision on the Examiner’s
position that the claimed wire size is a result of one of
ordinary skill in the art obtaining the optimum size when
designing this type of lamp for a desired operating voltage,
frequency, etc. Although Appellants’ claims recite a wire
size of 0.5 mm to 3.0 mm, their specification only recites 2.0
mm (specification, page 6, line 3). In conjunction with this,
Appellants have chosen an operating frequency of 13.56 MHZ
(specification, page 6, line 30). Postma operates at 2.65 MHZ
(column 3, line 55). With such a wide variation available in
the parameters that will produce an operating lamp, we agree
with the Examiner that it would have been obvious to one of
ordinary skill in the art, based on the teachings of Postma,
to have constructed a lamp using wire within Appellants’
claimed range. This is especially so since Appellants have
neither disclosed nor alleged anything critical about their
wire range.
On page 14 of their brief Appellants insist that the
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