Ex parte NILSSEN - Page 21




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

               Dale states that direct current is used to drive a                     
          transistor at high frequency which imposes a high frequency AC              
          current on the secondary of the transformer (page 20 under                  
          "Solid-state ballast").  This teaches that the transistor is                
          driven at high frequency instead of "at a periodic rate equal               
          to that of the alternating voltage" as recited in claim 12                  
          even if it is true that "each current pulse having a duration               
          distinctly shorter than half of that of a complete cycle of                 
          the alternating voltage" because of its high frequency.  The                
          Examiner does not state where the limitations of claim 12 are               
          otherwise taught by the references, including Genuit, and thus              
          has failed to establish a prima facie case of obviousness.                  
          The rejection of claim 12 is reversed.                                      
               Appellant argues that the features of claims 13, 16, and               
          17 are "neither disclosed nor suggested by any of the applied               
          references" (Br11; Br12) and that these features are "not                   
          addressed by the Examiner in his Office Action" (Br11; Br12).               
          We do not find where the Examiner addresses the specific                    
          limitations of claims 13, 16, and 17.  Nevertheless, we have                
          examined the references for what they clearly disclose.                     



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