Ex parte WHIPPLE et al. - Page 8




          Appeal No. 1999-2209                                        Page 8           
          Application No. 09/069,355                                                   


          no disclosure of a test circuit and switch for an arc fault                  
          circuit.  Nor do we find any persuasive line of reasoning that               
          would have suggested to an artisan the desirability of a test                
          circuit and switch for an arc fault circuit.  Since neither                  
          reference teaches the use of an arc fault test circuit nor an                
          arc fault test switch, and no persuasive line of reasoning has               
          been presented, we find that the suggestion for these                        
          limitations comes from appellants invention.       In addition,              
          neither Morris nor Mackenzie teach the three position common                 
          test actuator, as claimed.  Although Mackenzie does disclose                 
          the use of a single switch 71 for resetting both the ground                  
          fault and arc fault detection indicators 51, 55, claim 1                     
          requires that the common test actuator be a three position                   
          switch.  A first position is for actuating the ground fault                  
          test switch.  The second position is for actuating the arc                   
          fault test switch.  The third position is a neutral position                 
          in which neither the arc fault test switch nor the ground                    
          fault test switch is actuated.  The reset switch 71 is not a                 
          three position switch.  The reset switch is only a two                       
          position switch that is mechanically operated by circuit                     
          breaker handle 73.  Through the operation of caming surface                  







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