from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. 90/008, 326.
G. Pollack, Fish & Richardson, PC, Redwood City, CA,
argued for appellant. Also represented by Michael R. Headley,
Neil Warren; Craig E. Countryman, San Diego, CA; Frank
Scherkenbach, Boston, MA.
Nelson, Office of the Solicitor, United States Patent and
Trademark Office, Alexandria, VA, argued for appellee Andrei
Iancu. Also represented by Nathan K. Kelley, Thomas W.
Krause, Molly R. Silfen.
Moore, Mayer, and Stoll, Circuit Judges.
Integrations, Inc. ("Power Integrations") appeals
the remand decision of the Patent Trial and Appeal Board
("board") rejecting claims 1, 17, 18, and 19 of
U.S. Patent No. 6, 249, 876 ("the '876 patent")
as anticipated. See In re Power Integrations, Inc.,
No. 90/008, 326, 2016 Pat. App. LEXIS 11870 (P.T.A.B. Oct. 4,
2016) ("Remand Decision"). Because the
board's anticipation rejections were based on an
unreasonably broad claim construction, we reverse.
'876 patent is entitled "Frequency Jittering Control
for Varying the Switching Frequency of a Power Supply."
It describes a technique for reducing electromagnetic
interference ("EMI") noise "by jittering the
switching frequency of a switched mode power supply."
'876 patent, col.1 ll.66-67. Claim 1, as amended,
A digital frequency jittering circuit for varying the
switching frequency of a power supply, comprising:
an oscillator for generating a signal having a switching
frequency, the oscillator having a control input for varying
the switching frequency;
a digital to analog converter coupled to the control input
for varying the switching frequency; and
a counter coupled to the output of the oscillator, the
digital to analog converter coupled to the counter, the
counter causing the digital to analog converter to adjust the
control input and to vary the switching frequency of the
17 and 19 relate to a method for varying the switching
frequency using a varying voltage to control the oscillator.
Independent claim 17, as amended, requires "cycling a
counter" to generate a secondary voltage that varies
A method for generating a switching frequency in a power
conversion system, comprising:
generating a primary voltage;
cycling a counter coupled to one or more secondary voltage
sources to generate a secondary voltage which ...