Ex parte NILSSEN - Page 15




          Appeal No. 1997-2856                                                        
          Application 08/394,251                                                      

               As to intersecting the ballast 15, figure 6 of Skwirut                 
          discloses an embodiment with the ballast in the base so that a              
          plane would not intersect the ballast as it would in figure 1.              
               For the reasons stated above, we conclude that claims 9                
          and 10 would have been obvious.  The rejection of claims 9 and              
          10 is sustained.  The limitations of dependent claims 11, 15,               
          18, and 19 have not been separately argued and, therefore,                  
          these claims fall with claim 10.  The rejection of claims 11,               
          15, 18, and 19 is sustained.                                                
               Independent claims 20 and 27 have not been separately                  
          argued and do not include limitations similar to those                      
          Appellant has argued with respect to claims 5 and 10.                       
          Accordingly, the rejection of claims 20, 21, and 27-31 is                   
          sustained pro forma.  In addition, we note our agreement with               
          the Examiner's position (FR7) that the distance between the                 
          cylindrical lamp sections would have been obvious to one of                 
          ordinary skill in the art.  Skwirut discloses decreasing the                
          radius of curvature of the U-bends to reduce the spacing                    
          between the tubular leg sections when a ballast is not located              
          in the middle of the lamp (col. 8, lines 38-43), which permits              
          "tighter bundling" of the tubular leg segments to reduce the                

                                       - 15 -                                         





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007