Ex parte EDWARD F. ALLINA - Page 11

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

                        4. The rejection of claims 4, 5 and 14-                      
                         17 as unpatentable over Zisa, Melanson                       
                         and Dell Orfano.                                             
          This rejection is similar to the first rejection                            
          discussed above except that Dell Orfano is added to the                     
          collective teachings.  Dell Orfano is added to the combination              
          because it teaches a transient voltage surge suppressor using               
          only varistors to clip the voltage and shunt the surge current to           
          ground.  We agree with the examiner that Dell Orfano would be               
          sufficient to overcome the first deficiency in the Zisa-Melanson            
          combination discussed above.  That is, we agree that Dell Orfano            
          would have suggested to the artisan the obviousness of using                
          varistors only to clip voltage surges and shunt surge currents to           
          ground.  Nevertheless, the second deficiency of the Zisa-Melanson           
          combination discussed above is not corrected by the addition of             
          Dell Orfano as applied by the examiner.  The examiner does not              
          rely on Dell Orfano at all to teach supporting the surge                    
          suppressor circuit on the blade-like terminals of a watt-hour               
          meter.  The examiner still relies on Zisa and Melanson for this             
          teaching which, as noted above, is not supported by the reference           
          teachings.  Therefore, this rejection still lacks a valid                   
          explanation as to why the claimed support by the blade-like                 
          terminals would have been obvious in view of the applied prior              


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