Ex Parte Forman et al - Page 14



          Appeal No. 2006-1482                                                                                
          Application No. 10/619,890                                                                          

          not disclose inherently or otherwise such a means for effecting a                                   
          capacitance check or equivalent structure.                                                          
                The examiner responds (answer, pages 18 and 19) that:                                         
                     a. Adams clearly discloses in column 5 lines                                             
                24-32 and 58-65 that the controller has diagnostic                                            
                means for comparing energy storage capacity data to                                           
                predetermined limits and that controlling the activation                                      
                of the igniter includes storing energy on an energy                                           
                storage capacitor from a power supply by charging the                                         
                energy storage capacitor and comparing energy storage                                         
                capacity data to predetermined limits.  Surely a                                              
                capacitance check must be performed because the amount                                        
                of energy a capacitor is capable of storing is directly                                       
                related to its capacitance.                                                                   
                     b. As explained in section (b)2 above, Adams                                             
                resistor (60) sets up a diagnostic current with about                                         
                a 75K ohm resister (with a 1% variation).  Adams                                              
                further discloses the approximate predetermined                                               
                value of the capacitor in column 4 lines 59-63 as                                             
                "the exemplary...energy storage device...capacitance value                                    
                of about 2.2 micro-farads.”                                                                   
                     c. With the given capacitance value and a                                                
                diagnostic current, the diagnostic means must be                                              
                performing a capacitance check as indicated by the                                            
                phrase "energy storage capacity data" which would                                             
                have an upper and a lower limit in order to determine                                         
                its integrity and the minimum and maximum amounts of                                          
                energy that may be stored.                                                                    
          We agree.  From the disclosure of Adams of storing energy on an                                     
          energy storage capacitor by charging the capacitor, comparing                                       
          energy storage capacity data to predetermined limits, and                                           
          coupling the energy stored on the capacitor to the heating member                                   
          device, we agree with the examiner, for the reasons set forth in                                    

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