Ex parte MARSHALL et al. - Page 4




          Appeal No. 1996-0427                                                        
          Application 08/210,224                                                      



          and 20 are properly rejected under 35 U.S.C. § 102 and claims               
          4 and 13 are properly rejected under 35 U.S.C. § 103.  How-                 
          ever, we do not agree with the Examiner that claims 3, 12 and               
          21 are properly rejected under 35 U.S.C. § 112, second para-                
          graph.  Thus, we will sustain the rejection of claims 1, 2, 4,              
          5, 10, 11, 13, 14, 19 and 20, but we will reverse the rejec-                
          tion of claims 3, 12 and 21 on appeal for the reasons set                   
          forth infra.                                                                
                    Turning to the rejection of claims 3, 12 and 21                   
          under 35 U.S.C. § 112, second paragraph, the Examiner argues                
          on page 3 of the answer that these claims are indefinite                    
          because it is not                                                           




          correct to recite "said signal continues to pulse between said              
          first voltage and said second voltage level following said                  
          sequence."  Appellants argue on page 8 of the brief that the                
          phrase has antecedent basis in "means responsive to an initia-              
          tion of turn on of said power regulator for generating a                    
          signal comprising a sequence of a predetermined number of                   

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