Appeal No. 95-3616 Page 3
Application 07/839,065
characterized by providing an output voltage across the
ballast terminals only when connected with said proper
load circuit; and
a lamp circuit assembly operable to connect
with the ballast terminals and, when indeed so
connected, to constitute said proper load circuit; the
lamp circuit being characterized by including a gas
discharge lamp and a resistor.
C. The rejections
4. The examiner rejected claims 63 and 67 under 35 U.S.C.
§ 112 as indefinite because the phrase "the capacitor" in each
claim lacked antecedent basis.
5. The examiner also rejected claims 62-64 and 66-73 under
35 U.S.C. § 103 in view of:1
Genuit 3,263,122 26 July 1966
C. Findings concerning obviousness
6. Genuit teaches an electronic ballast for fluorescent
lamps. (1:56-2:53.) Although Appellant argues that "Genuit's
ballast circuit draws current from the DC source whenever it is
connected thereto" (Paper 53 at 3), we find support in Genuit for
1 The answer indicates that the examiner also intended to
apply the following references to claim 64 in the new ground of
rejection (Paper 54 at 3):
Neusbaum 3,305,697 21 Feb. 1967
Barriball 3,250,952 10 May 1966
The examiner only applies Genuit, however, in actually rejecting
the claim. (Paper 54 at 4.) We only consider references
positively recited in the rejection to be part of the rejection.
Ex parte Movva, 31 USPQ2d 1027, 1028 n.1 (Bd. Pat. App. & Int.
1993).
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