Ex Parte GOESER et al - Page 11



          Appeal No. 2000-1938                                                        
          Application 08/940,467                                                      

          specific discussion of these three components in the                        
          specification is to explain that they are part of control circuit           
          2 in Figure 3 (col. 4, 11. 27-29) and that "[t]he resistor R11              
          and the capacitor C6 are parallel-connected and connected to the            
          terminals of the diode Z2" (col. 4, 11. 39-41).  Furthermore, the           
          discussion of the operation of control circuit 2 (col. 2, 1. 44             
          to col. 3, 1. 4; col. 4, 11. 44-60) does not suggest that                   
          capacitor C6 and/or resistor R11 function to control the                    
          discharge rate of the zener diode.  Nor does Lebbolo appear to              
          attribute such a function to capacitor C1, which is connected in            
          parallel with zener diode Z1.                                               
               As a result, the rejection of claims 2 and 4 is also                   
          reversed to the extent is it based on Lebbolo.                              
          F.  The rejection of claim 3                                                
               Yasuda's Figure 6, on which the examiner relies, shows a               
          circuit for energizing a fluorescent lamp FL.  This circuit                 
          includes a series RC circuit (resistor 68 and capacitor 70) in              
          parallel with back-to-back zener diodes 72 and 74.  The                     
          examiner's characterization of Yasuda as teaching the use of a              
          series RC circuit in parallel with a zener diode "for controlling           
          the discharge rate of the high voltage side of the zener" (Answer           
          at 5) is unsupported by Yasuda's specification, which has only              
          the following to say about the zener diodes: "A pair of inversely           
          connected zener diodes 52 [sic, 72], 74 is connected between the            
          source and gate of the [FET] Q2" (col. 4, ll. 9-11).  The                   
          rejection of claim 3 is therefore reversed.                                 

                                      REVERSED                                        
                                       - 11 -                                         




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