Ex parte MACKENZIE et al. - Page 6




          Appeal No. 96-2838                                                          
          Application 08/336,721                                                      


          Appellants point out (brief at page 9) that Spencer does not                
          count step increases in current in the electrical system, and               
          does not count step increases within a preselected time                     
          interval.  According to Appellants, Spencer counts half cycles              
          of line current which exceed a threshold value, and thus would              
          respond to a single step increase in current in the electrical              
          system if the Spencer threshold were exceeded for a sufficient              
          count of half cycles (Spencer at column 9, lines 19 through                 
          35).                                                                        
               The Examiner responds (answer at page 9) that "Spencer                 
          is responsive and will record anything which is above his                   
          predetermined threshold, including two successive step                      
          increases in current," and that this meets the language of                  
          claim 13 "arc fault sensing means...in response to at least                 
          two successive step increases in current".  The Examiner's                  
          quote of claim 13 stops short of very significant language,                 
          i.e., "...increases in current in said electrical system."                  
          Increases in current in said electrical system represent                    
          separate arc faults, but Spencer is counting half cycles of                 
          arc signal (e.g., half cycle current increases) which                       


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