Ex parte NILSSEN - Page 3




          Appeal No. 96-0319                                         Page 3           
          Application No. 08/155,519                                                  


               a lighting panel mounted in a ceiling grid system                      
          suspended some distance below a permanent ceiling; the lighting             
          panel having (i) a pair of AC input terminals connected with                
          the AC output terminals, and (ii) gas discharge lamp means                  
          connected in circuit with the AC input terminals.                           




               The examiner relies on the following references:                       
          Roberts                  3,801,865                     Apr.  2,             
          1974                                                                        
          Canadian Patent          633,937                       Jan.  2,             
          1962                                                                        
          (Waller)                                                                    

               Claims 1 through 27 stand rejected under 35 U.S.C. 103 as              
          unpatentable over Waller in view of Roberts.                                


               Reference is made to the brief and answer for the                      
          respective positions of appellant and the examiner.                         


                                       OPINION                                        


               At the outset, we note that the examiner has improperly                
          referred back to more than one office action in the answer for              
          a recitation of the rationale for the rejection, in violation               







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