Ex Parte VAN DER HOOFDEN et al - Page 7




              Appeal No. 2000-0706                                                                                        
              Application No. 08/675,665                                                                                  


                     Appellants argue that the invention does not a use self-oscillating switching                        
              element.  (See brief at page 9.)  We find no support for this argument/distinction in the                   
              language of claim 1.  Therefore, this argument is not persuasive.   Appellants argue that                   
              Tap fails to teach or suggest any other reason or motivation for making the output direct                   
              current circuit contain the direct voltage supply source.  (See brief at page 9.)                           
              Appellants argue that there is no incentive to add this feature where the starting of self-                 
              starting oscillation does not need to be helped.  Appellants support this contention by                     
              identifying  col. 2, ll 59-62 of Tap concerning the control of transistors.  (See brief at                  
              page 9.)  We agree that  col. 2 supports appellants' position that  oscillation control and                 
              no-load condition are related.   We again find no response to appellants' argument from                     
              the examiner.  Therefore, the examiner has neither provided any evidence to rebut                           
              appellants' contention nor to support the examiner position.                                                


              Therefore, we find that the examiner has not provided a convincing line of reasoning as                     
              a basis for a motivation to combine the teachings of Stevens and Tap.                                       
                     Appellants argue that Tap does not  recognize the  connection between the DC                         
              source contributing to the output and the protection under a no-load condition.  (See                       
              brief at page 10.)  We agree with appellants.  Appellants specifically  request that the                    
              examiner explain "how the adding  of the DC source voltage to the output of the DC to                       
              DC converter protects the circuit during a no load condition."  (See brief at page 10.)                     

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