Ex Parte Vice - Page 6



          Appeal No. 2005-0364                                                        
          Application No. 10/072,676                                                  

          into a triangle wave output by way of a feedback loop and that              
          the artisan “would deem it reasonable to consider this to be                
          power conditioning” (answer-page 8).                                        
               We view the examiner’s position as interpreting the claim              
          language, “series active power line conditioner” in an                      
          unreasonably broad manner.  The mere processing, or converting,             
          of a signal does not, in itself, constitute a “power line                   
          conditioning” function.  Appellant has asserted this term to be             
          well understood by artisans to mean the “removal spectral                   
          impurities from an AC power line so as to provide power that is             
          substantially sinusoidal and devoid of harmonic, spurious and               
          random noise components” (reply brief-page 8).  To substantiate             
          this claim, appellant has provided evidence in the form of                  
          technical journals and technical dictionary definitions, attached           
          to the reply brief as appendices.  For example, on the first page           
          of the submission, entitled “Juice From Cans,” at the bottom of             
          the third column, it is indicated that power conditioners are “to           
          ensure...purity” of an AC signal.  On the first page of a                   
          publication by S&VC (Chris Steinwand, author), it is indicated              
          that “in order to be considered a power conditioner in the                  
          generally accepted sense of the term, the unit must incorporate             
          surge protection, electromagnetic-interference/radio frequency              
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