Ex parte GABRIUS et al. - Page 7




          Appeal No. 1999-2443                                       Page 7           
          Application No. 08/857,144                                                  


               In applying the above-noted guidance, we reach the                     
          conclusion that the examiner's position that the claimed                    
          "adapter for mechanical and electrical connection to a                      
          lighting track" is readable on the wires 27 of Mabrey is in                 
          error for the reasons set forth by the appellants (brief, pp.               
          38-42, and reply brief, pp. 4-7).  Specifically, we agree with              
          the appellants that the term "adapter" has a special meaning                
          in the art.  Moreover, in our view the wires 27 of Mabrey are               
          not for mechanical and electrical connection to a lighting                  
          track.                                                                      


               Since each and every element of claim 1 is not found in                
          Mabrey for the reasons set forth above, the decision of the                 
          examiner to reject claim 1, and claims 2, 3 and 6 to 8                      
          dependent thereon, under 35 U.S.C. § 102(b) is reversed.                    

















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