Ex parte NILSSEN - Page 6




          Appeal No. 97-3673                                                          
          Application No. 08/251,125                                                  

          under 35 U.S.C. § 103 because, in our view, the examiner has                
          failed to present a prima facie case of obviousness with                    
          regard to the claimed subject matter.                                       
               In particular, independent claims 1, 2 and 7 require an                
          inductor and a capacitor “series-connected” across the AC                   
          terminals.  While Wallace clearly discloses a capacitor 26 and              
          some impedance, there is no L-C circuit in Wallace which is                 
          “series-connected” across the AC terminals, i.e., across the                
          same terminals which are connected to the lamp.  The capacitor              
          26 in Wallace is connected in series with the lamp, and not                 
          across, or parallel to, it.  The examiner’s only response is                
          to point to “column 2, around line 60 of Wallace” which                     
          describes “equivalent series impedance.”  However, this                     
          recitation in Wallace is not equivalent to a series-connected               
          capacitor-inductance connected across the AC terminals, as                  
          claimed.  We are also unconvinced that there would have been                
          any reason for the artisan to have combined Wallace and Pierce              
          in order to arrive at the instant claimed invention.                        
               The examiner’s decision is reversed.                                   
                                      REVERSED                                        



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