Appeal No. 2000-0423
Application No. 09/016,245
Reference is made to the briefs (paper numbers 14 and 16)
and the answer (paper number 15) for the respective positions
of the appellant and the examiner.
OPINION
As indicated supra, all of the claims on appeal require
either a timing circuit (claims 11 through 16) or a computer
controlled timer that connects/disconnects power to an
apparatus at a preselected time (claims 1, 2 and 5 through
10). Appellant argues (brief, pages 4 and 5) that the Tung
control circuit is not used as a timing circuit or to connect
or disconnect electrical power to the lamp 136. According to
appellant (brief, pages 3 and 4), “Tung uses the value of the
physical parameter (i.e., the intensity of the lamp output) TO
ADJUST, NOT TURN ON OR OFF, the level of power to the lamp in
order to ‘adjust the intensity of the light 119 irradiated by
the lamp 136' (see Tung col. 3, lines 4-5).” We agree. The
examiner’s contentions (answer, page 7) to the contrary
notwithstanding, the software program running on computer 15
in Tung does not provide any instructions to the
microprocessor 114 “to connect electrical power from the power
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