Ex parte DOWE - Page 10




                Appeal No. 96-0656                                                                                                          
                Application 08/099,277                                                                                                      


                U.S.C. § 112, when they define the metes and bounds of a claimed invention with a                                           
                reasonable degree of precision and particularity.  See In re Venezia, 530 F.2d 956, 958,                                    
                189 USPQ 149, 151 (CCPA 1976).  Here, claims 12-18 do not define the metes and                                              
                bounds of a claimed invention with a reasonable degree of precision and particularity.                                      
                                                                                                                     6                      
                        Claim 7 is also rejected under 35 U.S.C. § 103(a) over Hodgman et al ('243)  in                                     
                view of Hodgman et al.('144) and Dey.                                                                                       
                        The Hodgman ('243) patent discloses a battery charging system for charging                                          
                rechargeable batteries. Hodgman ('243) discloses a transformer for providing a reference                                    
                voltage V  and providing the charging current.  Hodgman ('243) teaches the use of a                                         
                           cc                                                                                                               
                resistive network having plural resistors, 53, in a voltage divider to produce reference                                    
                voltages used in the processing within the charger circuitry.  Hodgman ('243) disclose in                                   
                Figures 1 and 2 that the charging of separate same sized battery cells may be done                                          
                individually or with plural cells with the same charging circuit.                                                           
                        Hodgman ('243) does disclose a case, 15, for holding a single battery in Figure 1,                                  
                but does not explicitly disclose a battery receiving well adapted to receive the plurality of                               

                        6 A copy of Hodgman et al. ; US Patent 4,628,243 was cited by appellant in the information                          
                disclosure statement filed on July 29, 1993.  A copy of the reference is  NOT ENCLOSED with this                            
                decision.                                                                                                                   
                        We have rejected only claim 7 of the instant application in order to show the appellant and the                     
                        Examiner the breadth of the claimed invention.  We do not give an opinion as to the novelty or                      
                        obviousness of the claimed invention beyond claim 7.  We have not applied prior art against claims                  
                        12-18 due to the problems noted above with determining the scope of the claims.  The examiner                       
                        should review the prior art and claims to make any further rejections as the Examiner deems appropriate.            
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