Appeal No. 96-3603 Page 5
Application No. 08/243,839
coupling elements may be non-linear elements, e.g., diodes.
(4:37-44.) As we noted in our decision (Paper No. 18 at 4),
Appellant's brief on appeal did not address these non-linear
elements. Ukai's diodes shunt static discharge from
terminals 20 to the internal short circuiting bus 32. As
Appellant notes (Paper No. 19 at 1), however, the orientation
of the diode determines whether the diode appears to be an
open circuit or a short circuit in the presence of a high
voltage. Claim 4 does not specify a direction in which the
opening structure must be open, nor does it exclude an
internal short-circuiting bus to which static discharge may be
shunted as in Ukai.
Appellant belatedly refers to claim 13 on rehearing
(Paper No. 19 at 2). Claim 13 was not separately argued in
the original appeal nor is its use now consistent with
Appellant's election to have the claims stand or fall
together. The limitations of claim 13 cannot be read into the
other claims. In any case, Appellant does not explain how the
limitations of claim 13 are inconsistent with our construction
of claim 4. Nothing in claim 13 excludes diodes, requires a
fuse, or specifies any direction of conductance.
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