Ex Parte Beigel et al - Page 10



         Appeal No. 2005-0171                                                       
         Application No. 10/064,380                                                 

         antecedent reference for the corresponding elements in the body of         
         the claims, and limiting the claimed subject matter accordingly.           
             For the above reasons, since all of the claim limitations are                                                                   
         not present in the disclosure of Waraksa, we do not sustain the            
         Examiner’s 35 U.S.C. § 102(b) rejection of independent claims 32           
         and 72.                                                                    

                   The 35 U.S.C. § 102(e) rejection of claims 36-40                 
                   based on Buchele.                                                
              In making this rejection, the Examiner makes reference                
         (Answer, page 5) to the driving circuitry including a bridge               
         circuit of 4 FETs illustrated in Figure 2 of Buchele.  With respect        
         to claims 36 and 39, argued together by Appellants, we find no             
         convincing arguments from Appellants that convince us of any error         
         in the Examiner’s position which asserts that the Figure 8                 
         structure of Buchele discloses a capacitor coupled to a coil with          
         driving circuitry including a bridge circuit of four FETs as               
         claimed.  To whatever extent Appellants’ argument (id., at 49) that        
         Buchele does not have a “high power PWM signal” at opposing                
         transistor junctions may be correct, there is no such requirement          
         appearing in claims 36 and 39.                                             
              We also agree with the Examiner, with respect to Appellants’          
         argument based on In re Donaldson Co., 16 F.3d 1189, 29 USPQ2d 1845        
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