Ex parte EDWARD F. ALLINA - Page 6

          Appeal No. 97-1002                                                          
          Application 08/014,379                                                      

          We note at the outset that dependent claims 4 and 5                         
          depend from non-appealed independent claim 1.  The briefs                   
          primarily argue two limitations of these claims which are                   
          allegedly not taught by the applied references.  First, appellant           
          argues that neither Zisa nor Melanson teaches “varistors as the             
          sole components...adapted to clip transient voltage surges and to           
          shunt surge current to ground” as recited in independent claims 1           
          and 14.  Second, appellant argues that neither Zisa nor Melanson            
          teaches the supporting of the surge suppression apparatus by the            
          blade-like terminals of a watt-hour meter.                                  
          With respect to the first point, the examiner argues that                   
          it would have been obvious to the artisan to remove the spark gap           
          in Zisa or Melanson so as to operate with varistors alone.  The             
          motivation would allegedly be to reduce the number of components            
          [answer, page 9].  With respect to the second point, the examiner           
          relies on Zisa as teaching supporting the surge suppression                 
          apparatus on the blade-like terminals of the watt-hour meter.               
          After a careful review of the applied references and the                    
          arguments of appellant and the examiner, we find ourselves in               
          agreement with appellant on both points.  The examiner and                  
          appellant agree that Zisa discloses a circuit made up of a                  
          variable resistance current limiter in series with an arc                   


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