Ex Parte Rueger et al - Page 2




             Appeal No. 2005-1017                                                          Page 2              
             Application No. 09/824,167                                                                        


                                               BACKGROUND                                                      
                   The appellants’ invention relates to an apparatus or method for charging a                  
             piezoelectric element which provides that a certain time delay or a predefined time can           
             be defined such that when a certain event occurs (i.e. the current reaches a                      
             predetermined value) the charge or discharge of the piezoelectric element remains off             
             or on for a predefined time period (specification, p. 25).  A copy of the claims under            
             appeal is set forth in the appendix to the appellants’ brief.                                     
                                            The prior art reference                                            
                   The prior art reference of record relied upon by the examiner in rejecting the              
             appealed claims are:                                                                              
             EP 0 871 230 A1                 Reineke et al.                   Oct. 14, 1998                    


                                                The rejections                                                 
                   Claims 1 to 6, 8 to 17 and 19 to 38 stand rejected under 35 U.S.C. § 102 as                 
             being anticipated by Reineke.                                                                     
                   Claim 7 stands rejected under 35 U.S.C. § 103 as being unpatentable over                    
             Reineke.1                                                                                         

                   1  The examiner has withdrawn the rejection of claims 1 to 17 and 19 to 38 under 35 U.S.C.  
             § 112, second paragraph.                                                                          










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