Ex parte NELVIG - Page 8




          Appeal No. 96-4055                                                          
          Application No. 08/157,028                                                  


               We now turn to the rejection of claim 32 under 35 U.S.C.               
          102(b) based on Franke.                                                     
               We will sustain this rejection.                                        
               The examiner presents, in our view, a prima facie case of              
          anticipation, explaining, quite convincingly, at pages 8-9 of               
          the answer, how Franke discloses the method set forth in                    
          instant claim 32.  While the examiner recognizes that Franke’s              
          disclosure differs from that of the instant disclosed                       
          invention, the subject matter of instant claim 32 broadly                   
          reads on Franke.                                                            
               Appellant argues [pages 8-9 of the principal brief] that               
          Franke fails to disclose the two claimed control signals.                   
          However, as broadly claimed, we agree with the examiner’s                   
          analysis of Franke and the application thereof to instant                   
          claim 32.  That is, a first control signal is generated at                  
          capacitor 13 in Franke’s Figure 2 when the sensing member 8                 
          detects X-rays; and a second control signal is generated at                 
          the output of comparator 14 when the signal at capacitor 13                 
          reaches the desired dose set by reference 20 which then causes              
          a deactivation of X-ray generation through the opening of                   
          contacts 17 by relay 15.                                                    
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