Ex parte PRYOR et al. - Page 4




          Appeal No. 1997-2216                                                        
          Application No. 08/392,661                                                  


               Upon consideration of the Examiner’s rejection of claims               
          1 through 6 and 8 under 35 U.S.C. § 102, over Sears, of claims              
          7 and 9 through 13 under 35 U.S.C. § 103, over Sears for                    
          claims 7, 11, and 13, over Sears and Wakai for claims 9 and                 
          10, and over Sears and Zocholl for claim 12 it is                           
               ORDERED that the rejections are vacated.                               
                    B.  Discussion                                                    
               The examiner (Answer, page 4) reads "one or more pulses,               
          up to a predetermined finite maximum number of pulses, or for               
          a predetermined time," as recited in claim 1, as encompassing               
          "one pulse for a predetermined time," according to the                      
          alternative language in the claim.  The examiner then states                
          (Answer, page 4) that "the pulse [of Sears] has with it an                  
          associated predetermined pulsing time provided by the RC                    
          circuit 21 and 22 and the conduction of transistor 20."  Also,              
          the examiner asserts (Supplemental Answer, page 2) that                     
          "pulsing transistor 20 dictates the length of the pulse," and               
          concludes that "[t]his pulse length will be for a                           
          predetermined length of time."   However, the examiner seems                
          to be confusing "a predetermined time" with "a predetermined                
          period," though the claim language is clearly "time," not                   

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