Ex parte HOSOMIZU et al. - Page 20




          Appeal No. 95-3876                                                           
          Application 08/222,009                                                       

          4, lines 40-45).  Although, as appellants correctly note                     
          (Brief at 6, lines 7-9), the length of the flash terminating                 
          command is not disclosed, it is nevertheless apparent from the               
          signals in Figure 4 that it ends after the end of the flash                  
          firing command (signal A).  Consequently, I would also affirm                
          the rejection of claim 9.                                                    
                    Claim 10 depends on claim 14 and specifies that the                
          control means includes means for invalidating the flash firing               
          command on the basis of the flash terminating command.  In                   
          appellants' Figure 1 embodiment, this apparently refers to the               
          fact that the flash terminating signal which is applied to                   
          transistor Q5 via transistor Q6 will override a flash exciting               
          signal that is applied to transistor Q5 via resistor R15.                    
          Appellants' argument that this claim is patentable for the                   
          same reasons as claim 9 (Brief at 6) is unconvincing because                 
          it incorrectly assumes that claim 10 depends on claim 9.  I                  
          would therefore also affirm the rejection of claim 10.                       
                    Because claims 11 and 12, which depend on claim 14,                
          are not separately argued, I would treat these claims as                     
          standing or falling (in this case, falling) with claim 14.                   



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