Ex parte MACKENZIE et al. - Page 7




          Appeal No. 96-2838                                                          
          Application 08/336,721                                                      


          represent how long a current increase in said electrical                    
          system has lasted.  The Examiner's statement (answer, top of                
          page 10) that Spencer's "circuit breaker will trip when the                 
          current exceeds a predetermined maximum allowable current                   
          value 'for a specified period of time'" confirms this time                  
          period measurement.                                                         
               We find that Spencer does not meet the claim 13                        
          limitation as discussed supra.                                              
               Turning to the 35 U.S.C. § 103 rejection of claim 1, we                
          find                                                                        
          the Examiner has failed to set forth a prima facie case.  It                
          is the burden of the Examiner to establish why one having                   
          ordinary skill in the art would have been led to the claimed                
          invention by the reasonable teachings or suggestions found in               
          the prior art, or by a reasonable inference to the artisan                  
          contained in such teachings or suggestions.  In re Sernaker,                
          702 F.2d 989, 995,                                                          
          217 USPQ 1, 6 (Fed. Cir. 1983).                                             
               Claim 1 recites "current sensing means sensing current                 
          flowing in said electrical system" and "event signal                        


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007