Ex Parte YAMAMOTO - Page 5




                    Appeal No. 2002-0582                                                                                                                                  
                    Application No. 09/083,936                                                                                                                            


                              The Examiner argues that Appellant's claims do not exclude                                                                                  
                    the cover from being integral with the arc box.  The Examiner                                                                                         
                    acknowledges that Kakizoe does not show a venting passage in the                                                                                      
                    arc box.  The Examiner instead relies on Figures 5 and 6 of                                                                                           
                    Manthe for showing the gas blow-arc openings.  See pages 3, 4 and                                                                                     
                    6 of the Examiner's answer.                                                                                                                           
                              We note that Appellant's independent claim 6 recites                                                                                        
                              an arc box and an arc cover . . . wherein a gas blow-                                                                                       
                              off opening section, formed by said arc box and said                                                                                        
                              arc cover.                                                                                                                                  
                                                                                                                                                                         
                    Appellant's independent claim 9 recites                                                                                                               
                              an arc box and an arc cover . . . wherein a void along                                                                                      
                              an end surface of the arc-extinguishing grid plates is                                                                                      
                              communicated and connected to a path substantially                                                                                          
                              vertically formed by the arc cover and the arc box to                                                                                       
                              form an L-shaped path, so that a gas blow-off opening                                                                                       
                              section having the L-shaped path is opened to a side                                                                                        
                              face of the arc box.                                                                                                                        
                    Appellant's independent claim 12 recites                                                                                                              
                              an arc-box and an arc cover . . ., wherein a gas blow-                                                                                      
                              off opening section, formed by said arc box and said                                                                                        
                              arc cover, is covered by a plurality of subdividing                                                                                         
                              projections provided from said arc cover.                                                                                                   
                    Thus, the plain language of the claims recites two separate                                                                                           
                    elements, an arc box and an arc cover, and that these two                                                                                             
                    elements form a gas blow-off opening.  Therefore, we fail to find                                                                                     



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