Ex parte NILSSEN - Page 3

          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.              

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