Ex Parte Goble et al - Page 6

             Appeal 2007-0565                                                                               
             Application 10/374,097                                                                         

        1       Thus, a person of ordinary skill in the art would have immediately envisaged                
        2    that Rigby’s two switches have four possible positions (both on, either one on                 
        3    alone, both off), of which two (either one on alone) or three (either one on alone,            
        4    both off) are possible with the rocker arm over the switches.                                  
        5       Garito suggests the desirability and capacity of combining cutting and                      
        6    cauterizing by a surgical instrument by combining multiple frequency signals.                  
        7          That [r.f.] carrier is then pre-amplified in block 48 and inputted to a                  
        8          conventional modulator stage 50. Also input to the modulator stage is                    
        9          a modulating signal 52 derived from a CPU selection signal 54 and a                      
       10          D/A converter 56.  The modulations referred to are the different                         
       11          output waveforms used for the known CUT, CUT/COAG, HEMO,                                 
       12          and FULGURATE modes. These typically are: CUT-CW (full-wave                              
       13          rectified and filtered) output with maximum average power;                               
       14          CUT/COAG -full-wave rectified but unfiltered, deeply modulated, at                       
       15          37.5 or 75 Hz rate, envelope with approximately 70% average to peak                      
       16          power ratio;….                                                                           
       17       (col. 3, ll. 47-54).                                                                        
       18       Signal modulation is a form of combining signals.  One of the results of                    
       19    modulation is that, if the result of a signal modulated by another signal is applied           
       20    to a point, both of those frequencies are applied to that point.                               
       21                                                                                                   
       22                                      ANALYSIS                                                     
       23    Claims 1-6, 8-11, 13, 37 and 38 rejected under 35 U.S.C. § 103(a) as obvious over              
       24      Garito, Ryan, Rigby and Appellants' admission that provision of an insulating                
       25    choke element and of a supply conductor which has a length of an odd number of                 
       26                            quarter wavelengths is prior art.                                      



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