Ex parte NYSTROM - Page 8




          Appeal No. 95-1844                                                             
          Application 07/822,063                                                         


          pages 10-21 and 10-22 is attached to this decision].  Fink                     
          indicates that a current transformer is “installed around a                    
          cable, or conductor in a bushing” [emphasis added].  In order                  
          to be installed around a cable, there must be an opening in                    
          the current transformer through which the cable passes.  This                  
          definition substantiates the examiner’s position.                              
          Additionally, we note that appellant has declined to                           
          respond to the alternate position taken by the examiner.  The                  
          examiner has determined that the measuring circuit 4 of                        
          Lehrmann would be contained within a housing, and the                          
          conductor L3 must enter this housing through an opening in the                 
          housing for the current to be measured.  We agree that there                   
          appears to be no way that the conductor L3 in Lehrmann can get                 
          into the measurement housing except through an opening adapted                 
          to receive the current-carrying conductor through that                         
          opening.  Such an interpretation would also meet the broad                     



          22.  This handbook is considered a standard reference work and                 
          is relied upon by us only to substantiate facts in the                         
          evidentiary showing already made by the examiner.  This                        
          evidence does not constitute a basis for a new ground of                       
          rejection.  See In re Boon, 439 F.2d 724, 727, 169 USPQ 231,                   
          234 (CCPA 1971).                                                               
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