Appeal No. 2005-0364
Application No. 10/072,676
independent claim 1 includes a circuit having a feedback loop
with an output sampler functioning to provide a scaled sampling
of the output voltage of the “power line conditioner” to an
amplifier input, and the second terminal of the first secondary
winding of the isolation transformer constitutes the output of
the “power line conditioner.”
If a prior art structure is capable of performing the
intended use as recited in the preamble, then it meets the claim.
In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed.
Cir. 1997). It was the examiner’s burden to show that the
circuit structure of Estes is, indeed, capable of performing the
function of a power line conditioner.
The reference to Estes is directed to a converter for
converting square waves (shown as element 12 in Figures 1 and 2)
into triangle waves (shown on the right side of these figures).
The reference is not capable of acting as a power line
conditioner, as required by the instant claims, and the examiner
has nowhere indicated that it may. The examiner does not even
address this claim limitation in the statement of rejection
appearing in the answer. In the response section of the answer,
the examiner addresses this issue very briefly, merely contending
that the purpose of Estes is to convert the square wave source
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