Ex Parte DINH - Page 3




              Appeal No. 2000-0453                                                                                        
              Application No. 09/083,901                                                                                  


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by appellant and the examiner.  As a consequence of                        
              our review, we make the determinations which follow.                                                        
                                                     35 USC § 102                                                         
                     Appellant argues that Gegner does not teach all of the elements and limitations                      
              and that the examiner has not established a prima facie case of anticipation.  Appellant                    
              argues that Gegner does not teach the use of a transformer of a synchronous rectifier                       
              employing less than five windings on the secondary of the transformer.  (See brief at                       
              page 8.)  We agree with appellant that Gegner is silent as to the number of turns on the                    
              secondary.  The examiner maintains that Gegner discloses the number of turns on  “a                         
              secondary winding Nx” in Figure 5 (Gegner at column 6) and that the number of turns                         
              would be merely a design choice.  (See answer at page 5.)  We disagree with the                             
              examiner.  Additionally, the examiner maintains that appellant’s use of “windings” is                       
              directed to the windings of the coils in the transformer and that a transformer would                       
              have at least two windings (primary and secondary) and that these two are less than                         
              five.  We find the examiner interpretation of the term “winding” to be too narrow and not                   
              reasonable in light of appellant’s disclosed invention.  The examiner maintains that                        
              Gegner teaches a single winding Nx at column 9, line 40, but clearly the examiner has                       

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