Ex Parte DEHAVEN et al - Page 5



          Appeal No. 1998-0908                                                        
          Application No. 08/506,292                                                  

          of skill in the particular art would have suggested to one of               
          ordinary skill in the art the obviousness of the invention as set           
          forth in claims 57, 58, 68-72, 75-80, and 83.  We reach the                 
          opposite conclusion with respect to the obviousness of the                  
          invention set forth in claims 66, 67, 73, 74, 81, and 82.                   
          Accordingly, we affirm-in-part.                                             
               As to the issue of whether the four additions to the                   
          specification in the amendment filed April 28, 1997 (Paper                  
          No. 11) are new matter under 35 U.S.C. § 132, we find that the              
          first three additions (after line 12 on page 6, after line 11 on            
          page 12, and after line 7 on page 13) do not directly or                    
          indirectly affect the claims before us.  The issue of new matter            
          as to these three additions is therefore a petitionable issue               
          under 37 CFR § 1.181 and not an appropriate matter for decision             
          by the Board.                                                               
               The fourth addition to the specification (after line 19 on             
          page 15) involving the use of voltage and current “limiting”                
          terminology as opposed to the original “blocking” language is, on           











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