Ex parte NYSTROM - Page 11




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


          references, that the trip circuitry is not taught by Markuson,                 
          and that the combination of teachings does not provide a                       
          substantially instantaneous indication of power [brief, pages                  
          10-17].                                                                        
          With respect to appellant’s first two points, Markuson                         
          teaches a power monitoring device which measures and indicates                 
          overload conditions, underload conditions and other conditions                 
          [column 4, line 24].  Markuson also teaches that the detected                  
          conditions result in the motor being slowed down, shut down or                 
          restarted as desired [column 6, lines 61-63].  We agree with                   
          the examiner that a trip signal is the same as a shut down                     
          signal, and the shut down signal of Markuson would meet the                    
          trip signal recitation of claim 1.  Considering the breadth of                 
          claim 1, we conclude that it would have been obvious to the                    
          artisan to broadly provide trip circuitry as taught by                         
          Markuson in order to shut down a device in an overload state                   
          of power consumption such as the motor of Béjot.  It is not                    
          necessary that a suggestion to combine references be expressly                 
          stated in the references themselves.  The artisan would have                   




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