Appeal No. 1998-2460
Application No. 08/654,763
not appear to be alleging that both the battery current and
the load current are to be used by Bavaro to control the power
converter. Moreover, while the examiner alleges that output
current “delivered to load” is used to control the power
converter, the examiner never indicates any particular section
of Bavaro that suggests this sensing of load current.
In response to appellant’s argument on this point, the
examiner responds with what he believes to be the “crux” of
appellant’s invention. Analyses under 35 U.S.C. 103 must be
made with regard to the claimed subject matter which recites
what an applicant regards as his invention and may not be made
on a general concept or “crux of the invention" criteria.
Further, the examiner explains, at pages 7-8 of the
answer, that Bavaro teaches an output current measuring means
“within the different embodiments that measure the two
different components of the output current, the load current
and the battery current.” However, the examiner fails to
specifically point to the portion of Bavaro on which he relies
for the conclusion that both the battery current and the load
current are measured. Both Figures 3 and 4 of Bavaro, show a
sensor 355 V/T only at the battery and a battery current
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