Ex Parte Rueger et al - Page 5

                  Appeal No. 2005-1017                                                                                        Page 5                      
                  Application No. 09/824,167                                                                                                              


                           Claim 7 is dependent on claim 1 and therefore requires that the current be                                                     
                  regulated as a function of time characteristic and event characteristic.  Reineke does                                                  
                  not disclose this feature of claim 7 nor is there any suggestion in the Reineke reference                                               
                  that the apparatus therein disclosed should be modified to include this feature.                                                        
                  Therefore, we will not sustain the rejection of claim 7.                                                                                
                           The decision of the examiner is reversed.                                                                                      
                                                                    REVERSED                                                                              





                                             JAMES D. THOMAS                                       )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             MURRIEL E. CRAWFORD                                   )         APPEALS                                      
                                             Administrative Patent Judge                           )              AND                                     
                                                                                                   )   INTERFERENCES                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JOSEPH L. DIXON                                       )                                                      
                                             Administrative Patent Judge                           )                                                      



                  MEC/tdl                                                                                                                                 








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