Ex Parte Vice - Page 7



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

          interference (EMI/RFI) noise filtering, and voltage regulation.”            
          Thus, it appears that there must be some cleaning function, or              
          noise filtering, or the removal of some impurity, in order for a            
          function to be considered a “power conditioner.”  Conversion of a           
          signal from one type to another is not enough.  Even in the                 
          Energy Technologies, Inc. Glossary submitted by appellant, a                
          power, or line, conditioner, is defined as “A unit that provides            
          clean, well regulated power.  Input and output voltages may also            
          be converted as well.”  Thus, while a conversion may take place,            
          there must, at a minimum, be some type of cleaning of the input             
          signal.                                                                     
               In view of the evidence provided, and lack of response by              
          the examiner1 challenging appellant’s submitted definition, we              
          accept appellant’s definition of a power line conditioner as                
          constituting an element which must “remove 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) and we interpret              
          the instant claim language to require such.  The examiner has not           

               1The examiner permitted entry of the reply brief without               
          comment so the examiner would be hard-pressed to argue that the             
          examiner had no chance to respond.                                          
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