Appeal No. 1997-2856
Application 08/394,251
sections of substantially identical cylindrical lamp segments"
(emphasis added). It is noted that this limitation appears in
claim 10. With respect to similar limitations in claim 9,
Appellant argues (Br7): "[A plane] at any location along the
central lamp axis [in Skwirut] will clearly intersect
something more than 'cylindrical lamp sections and any
material enclosed within these cylindrical lamp sections.'
For instance, that plane will definitely intersect cover C.
Also, in most locations, it will also intersect ballast 15;
and, in some locations, it will intersect U-bent segment 31 or
tipped-off segment 32."
The lamp in Skwirut, modified to provide a U-shaped lamp
as discussed in connection with claim 5, would meet the
limitations of claims 9 and 10, except, arguably, for the
cover and the ballast.
The Examiner has stated that it would have been obvious
to remove the protective cover in Skwirut because such a
covering is unnecessary (FR6; EA8; EA15). We agree. The
cover is not required for the lamp to function and a plane
would not intersect the cover if the cover was not present.
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