Ex parte SIEVERS - Page 8




          Appeal No. 1996-1577                                                        
          Application No. 08/215,205                                                  


          Appellant argues that the apparatus of claim 1 is                           
          recited in means plus function form and that the examiner has               
          failed to properly consider the functional language of claim 1              
          [brief, pages 3-6]. We agree with appellant.                                
          The examiner frequently defines appellant’s invention                       
          as the application of an entire voltage waveform to a lamp                  
          followed by application of a reduced voltage to the lamp and                
          ballast [answer, pages 9 and 12].  This simplistic reduction                
          of appellant’s invention ignores some of the limitations                    
          clearly set forth in claim 1.  The claimed first means must                 
          operate both in response to initial application of power to                 
          the lamps or in response to a momentary interruption of power               
          to the lamps to provide a specific voltage to each ballast of               
          the lamps as set forth in appellant’s specification.  We fail               
          to see how Helmuth performs the function of the first means                 
          under both conditions as disclosed and claimed.  The claimed                
          second means progressively reduces the AC supply to each                    
          ballast.  Helmuth does not even disclose a plurality of lamps               
          and ballasts.  The claimed third means maintains the                        
          application of the reduced AC supply voltage even when the                  
          signals which initiated the reduction are removed.  We fail to              
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