Ex parte FORDYCE - Page 14




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


          prior to the application of the first AC "pulse" to the primary             
          winding of the transformer, resistor 54 is unable to transfer               
          charge to or from either of the two capacitors.  For this reason,           
          the rejection of claim 10 is reversed.                                      
                    The rejection of claim 15, which like claim 10 requires           
          "precharging" to occur prior to application of the first pulse to           
          the primary winding of the transformer, is reversed for the same            
          reason.  It is also reversed for an additional reason argued by             
          appellant (Br. at 18), which is that the final Office action fails          
          to address the claimed "means . . . for detecting an overcurrent            
          condition in the power transistor wherein the third controlled              
          switch is responsive to such overcurrent detection to turn off the          
          power transistor."  Nor was this limitation addressed in the                
          Answer, which improperly treats claim 15 as standing or falling             
          with claim 10 (Answer at 10) even though it is separately argued            
          in the brief.                                                               
                    For the foregoing reasons, the  102(b) rejection of              
          claims 10 and 15 is reversed.                                               
                                        REVERSED                                      




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