Ex parte POPOV et al. - Page 4




          Appeal No. 1998-2148                                                        
          Application 08/764,783                                                      


          However, Appellants point out that a CHART, appended to the                 
          brief, compares each claim individually to the applied                      
          reference (reply brief-page 1).  Placing substance over form,               
          we will consider the appended CHART as arguments in support of              
          the claims standing separately.                                             
                    The Examiner reasons that Postma discloses the                    
          claimed invention except for the range of pitch and wire                    
          diameter claimed.  The Examiner contends that these parameters              
          depend on the appropriate current and inductance needed for a               
          particular sized lamp, and the optimum or workable range can                
          be determined by routine skill in the art (answer-pages 4 and               
          5).                                                                         
                    Appellants argue that Postma’s protuberance 3 is not              
          equivalent to Appellants’ reentrant cavity 2 because                        
          protuberance 3 flares out at the bottom and it is uncertain if              
          there is a seal between the bottom of the flare on                          
          protuberance 3 and the envelope.  (Brief-page 11.)                          
                    These arguments fail at the outset because they are               
          not based on limitations appearing in the claims.  Thus, the                
          flare of protuberance 3 and its being sealed to the envelope                


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