Appeal No. 2006-2007
Application No. 09/996,225
1. Merely having a resistor and a capacitor is not sufficient
since the specific arrangement of these components is different
and the response at node C of Hwang is not a smooth filtered
output. “In reviewing the examiner’s decision on appeal, the
Board must necessarily weigh all of the evidence and argument.”
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992). In this case, contrary to the Examiner’s position
(answer, page 10), not every arrangement that includes such
components reads on the claimed low pass filter merely because
the specific arrangement of the elements of a low pass filter is
not specified in the claims. As discussed by Appellants (reply
brief, page 3), the arrangement disclosed by Hwang fails to
provide the claimed effect, i.e., blocking high frequencies.
In view of our analysis above, we find that the Examiner has
provided insufficient evidence to show that the transistor,
resistor and capacitor arrangement of Hwang constitute a low pass
filter. Therefore, the Examiner has failed to set forth a prima
facie case of obviousness as the necessary teachings and
suggestions related to the claimed low pass filter, as recited in
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