Ex parte ATKINS et al. - Page 8




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



               button to be remote would result in a structure that is not a                                                           





               two terminal circuit protection arrangement.  Similarly, the reliance of the Kellenbenz teachings of                    

               elements 52, 54 and 60 in figure 3 is misplaced as well.  These elements if used to modify the Nadd                     

               arrangement would result in an arrangement other than a two terminal circuit protection arrangement as                  

               claimed by the Appellants.                                                                                              

                       In view of the foregoing, we will not sustain the rejection of claims 1, 2, 5 through 8, and 12                 

               through 17  under 35 U.S.C. § 103 as being unpatentable over Nadd in view of Kellenbenz.                                

               Furthermore, we note that the Examiner has used the same reasoning for the rejection of claim 9  in the                 

               rejection under 35 U.S.C. § 103 as being unpatentable over Nadd in view of Kellenbenz and in further                    

               view of Kumada  and Edwards.  We fail to find that Kumada and Edwards provide any evidence of a                         

               two terminal circuit protection arrangement which is capable of being reset from the non-conducting                     

               state into a conducting state by a remotely controlled interrupting means.                                              









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