Ex parte FORDYCE - Page 13




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


          The only point in dispute is whether the means for precharging,             
          i.e., resistor 54, precharges one of the capacitors prior to                
          application of an input pulse to the primary winding of the                 
          transformer, as required by the claim.  The examiner contends that          
          "prior to the transformer receiving pulses, resistor 54 will cause          
          capacitor 46 to have a charge of approximately zero volts" (final           
          Office action at 4).  Most of appellant's discussion of the                 
          rejection concerns whether the examiner is correct to construe the          
          term "precharge" as broad enough to read on discharging a                   
          capacitor to approximately zero volts.  However, whether or not             
          the examiner is correct on this point, the rejection fails                  
          because, as appellant correctly notes in an alternative argument            
          at page 16 of the brief: "The circuit of Landseadel cannot                  
          precharge the capacitor until the power supply, and specifically            
          the transformer, receives an input.  Prior to this time there is            
          no voltage with which to charge a capacitor."  Appellant is                 
          correct in this regard because the transformer, rectifier circuit           
          36 and capacitors 46 and 48 are part of a DC power supply 24,               
          which produces DC power supply voltages only when the transformer           
          primary is receiving AC power (col. 2, lines 31-51).  As a result,          


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