Ex parte MARBACHER - Page 3




          Appeal No. 1998-2485                                                         
          Application 08/711,996                                                       

               at a position to reside inside the appliance for making                 
               circuit connection between a contact pin accessible                     
               from outside the appliance and electrical wiring of the                 
               appliance thus requiring entry into the housing while                   
               the plug body structure is confined in place to replace                 
               the fuse.                                                               

               The Examiner relies on the following prior art:                         
               Eberhard et al. (Eberhard)  4,959,025   September 25,                   
          1990                                                                         
               Claims 7-10 stand rejected under 35 U.S.C. § 102(b) as                  
          being anticipated by Eberhard.                                               
               We refer to the Final Rejection (Paper No. 14) and the                  
          Examiner's Answer (Paper No. 20) (pages referred to as                       
          "EA__") for a statement of the Examiner's position, and to                   
          the Brief (Paper No. 19) and the Reply Brief (Paper No. 21)                  
          (pages referred to as "RBr__") for a statement of                            
          Appellant's arguments thereagainst.                                          
                                      OPINION                                          
               The Examiner states for the first time in the                           
          Examiner's Answer that the recitation that the fuse is only                  
          to be accessed from inside of the appliance for replacement                  
          has not been given any weight because the recitation occurs                  
          in the preamble (EA4).                                                       


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