Ex parte DOLMOVICH - Page 7




          Appeal No. 1997-0281                                       Page 7           
          Application No. 08/351,874                                                  


          hindsight reconstruction of the invention; ... no suggestion                
          for making the combination recited in the Office action                     
          appears in the art of record ....”  (Appeal Br. at 17.)  The                
          examiner replies, “the fact is that they are art recognized                 
          equivalent which is not the same as pure functional                         
          equivalence as Mr. Dolmovich argues.”  (Examiner’s Answer at                
          10.)  He adds, “the selection of any of these known                         
          equivalents to provide a conductive voltage dependent                       
          condition i.e. breakdown, breakover, etc. would be within the               
          level of ordinary skill in the art.”  (Id. at 5.)  We agree                 
          with the appellant.                                                         


               Claims 1, 5-8, 10, and 14 each specifies in pertinent                  
          part the following limitations:                                             
               a breakover diode connected in a forwardly biased                      
               manner between the input of the first SCR and the                      
               trigger input of the first SCR, the at least one                       
               breakover diode being responsive to a predetermined                    
               value of a voltage differential ()V) between the two                   
               terminals of the passive network for switching the                     
               first SCR from the high impedance path to the low                      
               impedance path to controllably discharge the                           
               capacitive energy storage device to the igniter                        
               plug.                                                                  









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