Appeal No. 1999-1051 Page 4
Application No. 08/652,740
that it has become common in the prior art to utilize high voltage step up transformers to
provide the operating voltage for the spark gaps in this type of apparatus, along with
sensitive microprocessors and microcontrollers to implement circuit control functions.
According to the appellant, the high voltage and the spark generated by the transformers
can give rise to electromagnetic interference (EMI), which causes the microprocessors
and microcontrollers to malfunction. It is a major objective of the claimed invention to
eliminate or reduce this problem. As manifested in independent claim 1, the invention
comprises two spaced electrodes forming a spark gap, a high voltage step up transformer
“in close proximity” and connected to the spark gap and supporting at least one of the
electrodes, a circuit that is susceptible to malfunction due to EMI “located remotely” with
respect to the spark gap and the transformer, and a shell encasing the transformer and a
“root” of the at least one electrode and providing enhanced EMI protection. Independent
claim 9 incorporates these features into a gas burning appliance.
The examiner has assembled four references to support the conclusion that the
subject matter of claim 1 is unpatentable under Section 103. The first of these is Kaduki,
which discloses, in schematic form, the required two spaced electrodes and an
unspecified type of ignition means connected to a suitable electric power source. Kaduki
makes no mention of the problem to which the appellant has directed his inventive efforts.
Kaduki does not disclose the claimed high voltage step up transformer or positively
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