Ex Parte Clark et al - Page 6


             Appeal 2007-0561                                                                               
             Application 10/689,465                                                                         
        1    longitudinal axis substantially perpendicularly, and that the trough defines a                 
        2    ground wire axis parallel to the ground member axis.                                           
        3          11. Mooney discloses a trough integral with the top portion of its                       
        4    grounding clamp, and a set screw extending into the space within the trough                    
        5    through a top plate to secure the ground wire received within the trough.  The                 
        6    applicants do not dispute this fact.                                                           
        7          12. Mooney’s integral trough structure, however, is oriented in such a                   
        8    manner that the set screw enters the trough from a hole in a top plate rather than             
        9    from a hole on the side wall and that the axis of extension of the set screw, the              
       10    third longitudinal axis, is parallel rather than perpendicular to at least one of the          
       11    first and second longitudinal axis defined by the screw holes on the top and bottom            
       12    portions of the clamp as is recited in the applicants’ claims.  (Mooney, Figs. 1 and           
       13    2).                                                                                            
       14          13. Nonetheless, Mooney’s trough defines a ground wire axis parallel to                  
       15    the ground member axis, as is recited in the applicants’ claims.                               
       16          14. The Examiner determined that the only difference between the                         
       17    claimed invention of the applicants’ independent claims 9 and 18 and the                       
       18    grounding clamp disclosed in Mooney is that as noted above in FF. 12.  The                     
       19    applicants have not identified any other difference.                                           
       20          15. The Examiner has identified several prior art references each                        
       21    disclosing a grounding clamp having a trough which defines an opening for                      
       22    receiving a grounding wire and having a set screw extending either through a top               
       23    plate or through a side wall of the trough to secure the grounding wire.  Those                
       24    references include Mooney, Reichman, Shemtov, and Meinhardt, Churla, and                       
       25    Bondeson.                                                                                      



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