Ex parte MILAZZO et al. - Page 4




          Appeal No. 1998-0824                                                        
          Application No. 08/621,767                                                  


          available to one of ordinary skill in the art suggests the                  
          claimed subject matter.  In re Fine, 837 F.2d 1071, 1074, 5                 
          USPQ2d 1596, 1598 (Fed. Cir. 1988).  Only if this initial                   
          burden is met does the burden of coming forward with evidence               
          or argument shift to the Appellants.  Oetiker, 977 F.2d at                  
          1445, 24 USPQ at 1444.  See also Piasecki, 745 F.2d at 1472,                
          233 USPQ at 788 ("After a prima facie case of obviousness has               
          been established, the burden of going forward shifts to the                 
          applicant.").                                                               
               An obviousness analysis commences with a review and                    
          consideration of all the pertinent evidence and arguments.                  
          See In re Oetiker, 977 F.2d at 1445, 24 USPQ at 1444.  ("In                 
          reviewing the examiner's decision on appeal, the Board must                 
          necessarily weigh all of the evidence and arguments.").  With               
          these principles in mind, we commence review of the pertinent               
          evidence and arguments of Appellants and Examiner.                          
               The Examiner argues that Appellants' Figure 6 shows all                
          the claimed elements other than the control circuitry                       
          electrically coupled to said second current generator and to                
          said output power transistor, said control circuitry being                  


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