Ex parte NILSSEN - Page 20




          Appeal No. 1997-2856                                                        
          Application 08/394,251                                                      


               Claims 12-14, 16, and 17                                               
               Appellant argues that the Examiner's finding that                      
          "Skwirut lacks the electronic high frequency ballast being a                
          half-bridge type" (FR9) is not understood since no such                     
          ballast is being claimed (Br11).  The Examiner responds that                
          "[t]he half-bridge forms the basis of Appellant's invention"                
          (EA16).                                                                     
               We agree with Appellant that the Examiner's action should              
          address claimed differences.  The limitations of the claims do              
          not appear to be inherent characteristic features of a high                 
          frequency ballast of a half-bridge type.                                    
               With respect to claim 12, the Examiner found that "[t]he               
          ballast of Dale clearly conducts current pulses through the                 
          transistor at a frequency equal to the output frequency and                 
          whose duration is less that 1/2 the period of the output"                   
          (FR9).  Appellant argues that the feature of claim 12 is not                
          disclosed by Dale as the Examiner contends.  The Examiner                   
          responds that the feature of the current pulses being less                  
          than 1/2 the period of the output "occurs in the ballast                    
          structure of Dale" (EA16).                                                  


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