Ex parte NILSSEN - Page 3




          Appeal No. 97-1171                                                          
          Application 08/488,171                                                      


               Claims 1 through 11 stand rejected under the first                     
          paragraph of 35 U.S.C. § 112 because the specification as                   
          originally filed does not provide support for the invention as              
          claimed.                                                                    
               Claims 1 through 11 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Mason in view of Bereskin and                    
          Staad.                                                                      
               Reference is made to the brief, the answer and several                 
          prior Office Actions  for the respective positions of the2                                                       
          appellant and the examiner.                                                 
                                       OPINION                                        
               All of the rejections are reversed.                                    
               The lack of written description rejection of claims 1                  
          through 11 is reversed because the objected to phrase on page               
          6 of the specification is not in the claims on appeal.                      
               Turning to the obviousness rejection of claims 1 through               
          11, Mason uses overcurrent relays to determine a current                    
          differential or overcurrent.  On page 68, Mason indicates that              
          another type of differential-relay arrangement uses an                      


               2The Answer may properly refer to a single prior Office Action.  The   
          obviousness rejection in the Answer refers to two previous Office Actions (paper numbers
          2 and 4).                                                                   
                                          3                                           




Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007