Ex parte BROOKS - Page 2


                   Appeal No. 1999-0425                                                                                            
                   Application No. 08/788,969                                                                                      
                   has characteristics indicative of  an arcing fault.  A line interrupter interrupts the current                  
                   in the line conductor in response to the detection of an arcing fault signal.                                   
                   Representative independent claim 1 is reproduced as follows:                                                    
                      1.      A system for detecting arcing faults in an electrical distribution system that                       
                          includes a line conductor connected to a utility power transformer, said system                          
                          comprising:                                                                                              
                          a current transformer coupled to said line conductor for monitoring the rate of                          
                          change of electrical current in the line conductor and producing a signal                                
                          representing the rate of change,                                                                         
                          means for generating an arcing-fault-detection signal in response to said rate-                          
                          of-change signal,                                                                                        
                          a test line coupled to said current transformer in the same manner as said line                          
                          conductor for subjecting said transformer to a test signal simulating a line current                     
                          produced by an arcing fault, and                                                                         
                          a signal generator connected to said test line for producing said test signal.                           
                   The examiner relies on the following references:                                                                
                          Pardue et al. (Pardue)                          4,833,564                         May 23, 1989           
                          MacKenzie et al. (MacKenzie)           5,459,630                         Oct. 17, 1995                   

                   Claims 1-28 stand rejected under 35 U.S.C. 103.  As evidence of obviousness, the                                
                   examiner cites MacKenzie and Pardue.                                                                            
                   Reference is made to the brief and answer for the respective positions of appellant and                         
                   the examiner.                                                                                                   

                                                            OPINION                                                                
                   At the outset, we note that the specific rejection before us is not clear.  At page 3 of                        
                   the answer, the examiner states that “Claims 1-28 are held rejected under 35 USC 103 as                         





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