Ex parte FORDYCE - Page 3




          Appeal No. 96-2551                                                          
          Application 08/037,767                                                      


                         wherein control current is drawn from the control            
                    electrode of the power switching device through the               
                    second controlled switch to the second capacitor in               
                    response to the development of a secondary pulse of the           
                    second polarity and the second magnitude, at which point          
                    charging current is provided to the first and second              
                    capacitors from the secondary winding of the                      
                    transformer; and                                                  
                         wherein the control current is provided by the               
                    first     capacitor to the control electrode of the               
                              power switching device through the first                
                              controlled switch in response to the                    
                              development of a secondary pulse of the                 
                              first polarity and the first magnitude,                 
                              the first capacitor being discharged                    
                              thereby until a voltage magnitude of the                
                              first capacitor discharges below the first              
                              magnitude of the secondary pulse of the                 
                              first polarity and the first magnitude, at              
                              which point charging current is provided                
                              to the first capacitor from the secondary               
                              winding of the transformer.                             
                    A.  The  112 rejection                                           
                    The  112 rejection was applied against claim 2 for the           
          first time as a new ground of rejection in the examiner's Answer.           
          Appellant's reply brief was refused entry by the examiner on the            
          ground that it was not limited to the new ground of rejection.              
          Appellant filed a petition arguing that the reply brief is                  
          responsive to the  112 rejection of claim 2 and to a number of             
          arguments presented for the first time in the Answer.  In a                 


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