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withdrawn.
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