Ex Parte Liscinksy - Page 7



          Appeal No. 2005-0233                                                        
          Application 10/085,138                                                      

          and Tran.  The examiner also responds that the motivation to                
          combine the Tran delay circuit with the Holmquest supervisory               
          circuit is to prevent false shut downs as taught by Tran                    
          [answer, pages 10-16].                                                      
          Appellant responds that Holmquest does not delay the                        
          output of the sensing circuits as in the claimed invention.                 
          Specifically, appellant asserts that the sensing circuits are not           
          being delayed, but instead, the closing of the relay is being               
          delayed.  Appellant responds that the claimed activation circuit            
          requires signals from both the sensing and delay circuits which             
          is argued not to be taught by Tran.  Appellant argues that                  
          Holmquest and Tran cannot be combined because Holmquest is used             
          in a high voltage setting whereas Tran is used in a low voltage             
          environment [reply brief, pages 3-7].                                       
          We will sustain the examiner’s rejection of                                 
          representative claim 1.  We agree with the examiner that                    
          Holmquest teaches a delay circuit which performs in the same                
          manner as the disclosed invention.  Although claim 1 recites that           
          the delay circuit delays initial operation of said sensing                  
          circuits for a predetermined period of time, that is not the                
          function of the delay circuit as described in the specification.            

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