Ex parte NUCKOLLS - Page 5




          Appeal No. 96-0447                                                          
          Application No. 08/145,731                                                  

               The primary reference to Tenen appears, at first, to                   
          disclose a similar circuit arrangement, comprising capacitors               
          and diodes, as the instant invention.  However, on a closer                 
          inspection, it is seen that capacitors 27 and 28 are employed               
          to start the lamp but are essentially out of the circuit                    
          during the operation of the lamp.  Note column 2, lines 53-58               
          of Tenen, wherein it is stated:                                             
               When lamp 12 ignites, its impedance drops, the                         
               current through it increases and the voltage between                   
               electrodes 34 and 35 drops because most of the                         
               current then flows through capacitors 16 and 17 of                     
               much lower impedance                                                   
               than trigger capacitors 27 and 28 so that the voltage                  
                    increasing effect of the trigger capacitors is then               
               negligible.                                                            
          Accordingly, it does not appear that one could reasonably                   
          conclude that capacitors 27 and 28 in Tenen are part of the                 
          operating circuit, as defined by the instant claims and so the              
          examiner’s reliance on these capacitors of Tenen as somehow                 
          being part of the operating circuit, which is separate and                  
          distinct from the starting circuit, as claimed, is misplaced.               
               To the extent that one might consider the starting                     
          circuit and operating circuit to be inseparable and that the                
          capacitors 27 and 28 of Tenen might be considered to be part                

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