Appeal No. 1999-1692
Application No. 08/810,477
pages 3 and 4 of the brief.
The Rejection under 35 U.S.C. § 103
After consideration of the positions and arguments presented
by
both the examiner and the appellant, we have concluded that the
rejection should not be sustained.
Although all of the independent claims stand rejected under
35 U.S.C. § 103 as unpatentable over Hoyt and Brinegar, the
examiner’s position is that “Hoyt actually contains, satisfies and
anticipates all of the limitations of the applicant’s independent
claims.” (Paper No. 8, page 5).
With the exception of “electrical current measuring means”,
the examiner has made no showing as to what structure in Hoyt
meets the limitations of the independent claims. Such being the
case, the examiner has not satisfied his burden of establishing a
prima facie case of unpatentability and the rejection of the
independent claims cannot be sustained.
Whereas the Brinegar reference was in effect combined with
Hoyt to meet limitations added by the dependent claims, the
rejection of
3
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