Ex parte FORDYCE - Page 9




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


          cannot operate in this manner.  Thus, it is clear that the claimed          
          discharging of the first capacitor (C4, C5) occurs after Q3 begins          
          to conduct but before D2, D3, D5, and D6 begin to conduct.                  
          Consequently, we will not sustain the  112 rejection of claim 1            
          or the  112 rejection of dependent claim 2, which was rejected             
          for the same reasons as claim 1.                                            
                    The examiner contends that dependent claim 3, which               
          specifies that the precharging means of claim 2 "comprises a third          
          controlled switch coupled between a voltage source and the first            
          capacitor" (examiner's emphasis) is misdescriptive of transistor            
          Q5, whose base-emitter path is used to precharge the first                  
          capacitor (C4, C5) (Spec. at page 14, lines 20-26).  According to           
          the examiner, the claim language would be understood to mean that           
          the switched terminals of the switch (i.e., the emitter and                 
          collector of a transistor) are connected between the voltage                
          source and the first capacitor, which whereas in the disclosed              
          arrangement only one of the switched terminals (the emitter) and            
          the control terminal (the base) are connected between the voltage           
          source and the first capacitor.  We agree with appellant that               
          since the claim does not specify which terminals of the controlled          


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