Ex parte BABINSKI - Page 4




          Appeal No. 1998-0403                                                        
          Application No. 08/536,232                                                  


          The Prior Art                                                               
          In Figure 1, Okado discloses a bridge type power                            
          converter having high side switching devices 51, 53, and 55                 
          and low side switching devices 42, 44, and 46.  Diodes are                  
          electrically coupled in parallel with the high and low side                 
          switching devices.                                                          
          Opinion                                                                     
          After consideration of the positions and arguments                          
          presented by both the examiner and the appellant, we have                   
          concluded that the rejection should not be sustained.                       
          The examiner states “[i]t would have been obvious to one                    
          having ordinary skill in the art at the time the invention was              
          made to configure the circuit’s diodes to be physically                     
          adjacent to the switching devices since it was known in the                 
          art that to have diodes coupled in parallel to switching                    
          devices and simply rearranging the physical layout of the                   
          circuit but with the same circuit connections is well within                
          the abilities of the one of ordinary skill in the art.”                     
          (Answer, page 5).  The examiner has given no reason why one of              
          ordinary skill in the art would have rearranged the structure               
          of Okado in the manner claimed by appellant.  The mere fact                 
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