Ex parte WHIPPLE et al. - Page 2




          Appeal No. 1999-2209                                        Page 2           
          Application No. 09/069,355                                                   


          circuit.  An understanding of the invention can be derived                   
          from a reading of exemplary claim 1, which is reproduced as                  
          follows:                                                                     
               1.  A circuit breaker comprising:                                       
               a housing;                                                              
               separable contacts mounted in said housing;                             
               an operating mechanism for opening said separable                       
          contacts when actuated;                                                      
               trip means for actuating said trip  mechanism in response1                                    
          to predetermined current conditions and including ground fault               
          trip means for actuating said trip mechanism in response to a                
          ground fault, and arc fault trip means for actuating said trip               
          mechanism in response to an arc fault;                                       
               test means including a ground fault test circuit having a               
          ground fault test switch for testing said ground fault trip                  
          means, and an arc fault test circuit having an arc fault test                
          switch for testing said arc fault means; and                                 
               a common test actuator moveable to a first position for                 
          actuating said ground fault test switch, a second position for               
          actuating said arc fault test switch and a neutral position in               
          which neither said ground fault test switch nor said arc fault               
          test switch is actuated.                                                     
               The prior art references of record relied upon by the                   
          examiner in rejecting the appealed claims are:                               


               1It appears to us that the term "trip" should be replaced with the term 
          "operating" based upon the language set forth on line 4 of the claim.  We    
          consider this to be a minor formality that can be addressed by the examiner  
          subsequent to this appeal.                                                   







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