Ex parte ATKINS et al. - Page 6




               Appeal No. 1996-4118                                                                                                    
               Application 08/ 084,255                                                                                                 



               Appellants' independent claim 12.                                                                                       

                       In response to these arguments, the Examiner states on pages 6 and 7 of the answer that                         

               Appellants' claim language that the two terminal circuit protection arrangement which is requiring                      

               capable of being reset remotely has no probative value.  Appellants argue that Nadd's element 49 in                     

               figure 7 and Kellenbenz' elements 52, 54 and 60 in figure 3 disclose and teach an arrangement which is                  

               capable of being reset as claimed by Appellants.                                                                        

                       As pointed out by our reviewing court, we must first determine the scope of the claim.  "[T]he                  

               name of the game is the claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523, 1529                           

               (Fed. Cir. 1998).                                                                                                       

                       We note that independent claims 1, 10 and 11 all recite a two terminal circuit protection                       

               arrangement which is intended to be series connected in a line of a circuit to be protected; and which is               

               capable of being reset from the non-conducting state into a conducting state by a remotely controlled                   

               interrupting means which interrupts current in the line of the circuit to be protected.  We note that                   

               Appellants' claim 12 recites an electrical circuit which comprises a circuit voltage or current source, a               

               load and a current-carrying line connecting the source and load, the circuit including a two terminal                   

               circuit protection arrangement that: is series connected in the current-carrying line and which  is capable             

               of being reset from the non-conducting state into a conducting state by a remotely controlled                           

               interrupting means which disconnects the circuit voltage or current source, or the load, from the                       

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