Appeal No. 1997-0281 Page 9
Application No. 08/351,874
the capacitive energy storage device into a spark
gap of the igniter plug by way of the output
circuitry.
In summary, the limitations recite employing a breakover diode
responsive to a predetermined voltage differential between two
terminals of a passive network to switch a path between the
terminals from a high impedance value to a low impedance value
to controllably discharge a capacitor into an igniter plug.
The examiner fails to show a teaching or suggestion of
these limitations in the prior art. The examiner admits,
“AAPA and Horosawa [sic] also lacks [sic] the use of a break-
over diode for the triggering means of the SCR.” (Examiner’s
Answer at 6.) He further admits, “the Zener and the break-
over diode are not identical, i.e. functional equivalent
[sic].” (Id. at 10.) Nonetheless, the examiner alleges that
the two elements “are art recognized equivalent [sic].” (Id.)
He offers U.S. Patent No. 3,061,755 (Spira) as evidence of the
art recognized equivalence. Specifically, the examiner notes,
“Spira clearly shows the use of BOD [i.e., a breakover diode]
in the same or the similar circuit where a Zener is used.”
(Id. at 11.)
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