Ex parte MACKENZIE et al. - Page 8




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


          generating means responsive to...to pass step increases in                  
          current" and "means generating a trip signal in response to a               
          plurality of event signals within a preselected time                        
          interval."                                                                  
               The Examiner states (answer at page 10) that "Claim 1                  
          recites a means for generating a trip signal in response to a               
          plurality of event signals within a preselected time interval,              
          which Spencer does."  However, we find that Appellants' event               
          signals are claimed to correspond to step increases in                      
          current, but Spencer's events are half cycles of ac signal.                 
          As noted for claim 13 supra, Spencer does not count step                    
          increases in current in said electrical system within a                     
          preselected time interval.  Rather, Spencer counts half cycles              
          of ac signal (e.g., half cycle current increases) which                     
          represent how long a current increase in said electrical                    
          system has lasted.  We find that Spencer does not meet this                 
          similar limitation in claim 1.                                              
               Since the combination of Spencer, Dewey and Moser fails                
          to disclose the claim 1 limitation supra, the Examiner has                  
          failed  to set forth a prima facie case.                                    

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