Ex Parte CAVIGELLI - Page 12




                 Appeal No. 2002-0558                                                                                 Page 12                     
                 Application No. 09/289,076                                                                                                       


                         Here, claim 5 specifies in pertinent part the following limitations: "[t]he apparatus                                    
                 of claim 1, wherein the amplifier has a temperature-dependent input impedance                                                    
                 adapted to produce a voltage rise substantially canceling the voltage drop due to the                                            
                 resistance for a range of temperatures."  Similarly, claim 9 specifies in pertinent part the                                     
                 following limitations: "an amplifier having input terminals connected across the                                                 
                 secondary winding, the amplifier constructed and arranged to produce a voltage rise                                              
                 across the secondary winding substantially canceling a voltage drop across the                                                   
                 resistance of the secondary winding. . . ."  Also similarly, claim 16 specifies in pertinent                                     
                 part the following limitations: "applying a voltage across the secondary winding to                                              
                 substantially cancel a voltage drop in the winding across the resistance. . . ."  Giving                                         
                 claims 5, 9, and 16 their broadest, reasonable construction, the limitations require                                             
                 producing a voltage rise across a winding that substantially cancels a voltage drop                                              
                 across the resistance of the winding.                                                                                            


                         Having determined what subject matter is being claimed, the next inquiry is                                              
                 whether the subject matter would have been obvious.  "In rejecting claims under 35                                               
                 U.S.C. Section 103, the examiner bears the initial burden of presenting a prima facie                                            
                 case of obviousness."  In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956                                                  
                 (Fed. Cir. 1993)(citing In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444                                                 
                 (Fed. Cir. 1992)).  "'A prima facie case of obviousness is established when the                                                  








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