Ex Parte STEWART et al - Page 18




            Appeal No. 2001-2019                                                                      
            Application No. 08/996,567                                           Page 18              


            § 103(a) as unpatentable over Berry, III, Markl, Tigwell and                              
            Kollin.  Appellants (brief, page 7) do not dispute the findings                           
            of the examiner (answer, page 5) with respect to Kollin, but                              
            rather argues to the effect that Kollin does not make up for the                          
            deficiencies of Berry, III, Markl, and Tigwell.  In view of our                           
            findings, supra, with respect to Berry, III and Tigwell, and the                          
            reasons in support of the rejection found on pages 5 and 6 of the                         
            answer, we are not convinced of any error on the part of the                              
            examiner and agree with the examiner that the teachings of Berry,                         
            III, Markl, Tigwell and Kollin suggest the language of claim 4.                           
            Accordingly, the rejection of claim 4 under 35 U.S.C. § 103(a) is                         
            affirmed.                                                                                 
                  We turn next to the rejection of claims 8-10 and 13 under 35                        
            U.S.C. § 103(a) as unpatentable over Berry, III in view of Markl                          
            and Right.  Appellants assert (brief, page 8) that claim 8                                
            recites that the capacitor is charged "to a firing voltage                                
            without activating the strobe," and that the cited references                             
            fail to teach this limitation.  We agree.  We find that although                          
            Berry, III discloses that a change in the voltage on lines E and                          
            F during an alarm condition activates the speakers 312 and the                            
            flashing lights 310, we find no teaching in Berry, III, Markl or                          
            Right would have taught or suggested charging the capacitor to a                          







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