Ex parte BRIGGS - Page 5




          Appeal No. 1998-0463                                                        
          Application No. 08/450,849                                                  


          that it would be notoriously obvious to automate an on/off                  
          operation, and additionally asserts that “[i]n fact, many                   
          electrical devices present such feature in the electrical                   
          measuring arts.”  Appellant challenges the examiner on this                 
          matter and points out (brief, page 4) that neither of the                   
          applied references illustrate or suggest an automatic on/off                
          feature for an electrical measuring device.  Like appellant,                
          it is apparent to us that the applied evidence is clearly                   
          lacking relative to the expressly set forth limitation in                   
          claim 1 of the automatic on/off feature.  Since the evidence                
          of obviousness before us is clearly deficient, as explained                 
          above, the rejection of claim 1 under 35 U.S.C. § 103 must be               
          reversed.                                                                   


                                      Claim 18                                        


               We affirm the rejection of claim 18.  It follows that the              
          rejection of dependent claim 19, which stands or falls with                 
          claim 18, is likewise affirmed.                                             


               The device of claim 18 comprises, inter alia, first and                
                                          5                                           





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