Ex parte FORDYCE - Page 10




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


          switch are to be connected between the voltage source and the               
          first capacitor, it is broad enough to read on connecting the base          
          and emitter terminals in this manner.  The examiner also argues             
          that because only the base and emitter are involved in precharging          
          the first capacitor, Q5 is effectively operating as a diode rather          
          than as the "controlled switch" required by the claim.  This                
          argument fails because Q5 actually functions as an emitter-                 
          collector switch, albeit for a purpose not set forth in claim 3,            
          i.e., for applying a high potential to the control electrodes of            
          transistors Q3 and Q4 (Spec. at sentence bridging pages 14 and              
          15).   The claim does not require that the precharging of the3                                                                       
          first capacitor be responsive to switching of the controlled                
          switch.  As a result, we will not sustain the  112 rejection of            
          claim 3.4                                                                   
                    For the foregoing reasons, we are also reversing the              



            This connection is recited dependent claim 5.3                                                                      
            The contention in the final Office action (at 3) that4                                                                      
          "first capacitor" in claim 3 should be changed to "control                  
          electrodes of the  first and second controlled switches" was not            
          repeated in the Answer and is therefore presumed to have been               
          withdrawn.                                                                  

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