Appeal No. 2001-0882 Page 4
Application No. 08/950,965
page 3). The examiner acknowledges that Inoue fails “to disclose
the feedback control is coupled to the punches and also to the
power source, wherein the power source is capable of adjusting a
predetermined energy level in response to the feedback signal” as
here claimed (answer, page 4).
In an attempt at making up for those noted deficiencies of
the teachings of Inoue ‘029, the examiner additionally relies on
Inoue ‘805. In this regard, the examiner asserts that Inoue ‘805
(figure 12 thereof and corresponding text) discloses a die with
first and second punches and a feedback control coupled to a
power source and the punches.2 According to the examiner
(answer, page 4):
[I]t would have been obvious to one of ordinary
skill in the art at the time the applicants’ invention
was made to have modified the particulate material
consolidation system in Inoue (‘029) by coupling the
feedback control to the punches and the power source,
which is capable of adjusting a predetermined energy
level in response to the feedback signal in order to
control the density of the material being consolidated,
as taught by Inoue (‘805). In fact, Inoue (‘805)
states that “it is preferable in many instances to
control the density“ by adjusting a predetermined
energy level in response to the feedback signal.
2 While the examiner refers to “Fig. 2, 362, or Fig. 5,
#312(e)” (answer, page 4) of Inoue ‘805 for a feedback control of
Inoue ‘805, we observe that those figures of Inoue ‘805 do not
show such a feedback control.
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