Appeal No. 1998-2902
Application No. 08/452,107
1. A grounding device for conducting current into the earth, comprising:
an electrically conductive base plate; and
a plurality of electrically conductive protrusions integrally affixed to the
plate and extending from only one side thereof;
the device providing a ground for items electrically connected thereto
when the protrusions thereon are engaged into the earth.
The examiner relies on the following reference:
Eyerly 4,324,301 Apr. 13, 1982
Claims 1, 2, 10 and 11 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Eyerly. Claims 3-9 and 12-18 stand rejected under 35 U.S.C. § 103 as unpatentable over
Eyerly.
Reference is made to the briefs and answer for the respective positions of
appellant and the examiner.
OPINION
We reverse as the examiner has clearly failed to set forth a prima facie case of
anticipation or obviousness with regard to the instant claimed subject matter.
Each of independent claims 1 and 10 requires, at least, a grounding device for
conducting current into the earth and wherein the device has electrically conductive
protrusions. The examiner specifically points to Figure 3 of Eyerly for a conductive
2
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