Appeal No. 1999-2209 Page 7
Application No. 09/069,355
a ground fault detector with a test switch.
Mackenzie et al. discloses a circuit breaker with
a ground fault detector and an arc fault detector
each without any test circuit . . .. The art does
not teach or suggest a test circuit that could
properly test the arc fault detector and, hence,
does not suggest a switch for the arc fault detector.
Appellants further assert (id.) that Morris and Mackenzie do
not disclose a common test actuator having first and second
positions and a neutral position.
From our review of the record, we are in agreement with
appellants that the teachings of Morris and Mackenzie would
not have suggested an arc fault test circuit and an arc fault
test switch. We further find that the teachings of Morris and
Mackenzie would not have suggested a three position common
test actuator.
The examiner and appellants are in agreement that neither
Morris nor Mackenzie discloses an arc fault test circuit or
arc fault test switch as required by claim 1. We do not agree
with the examiner's position that Morris' disclosure of a
ground fault test circuit and switch therefore suggests a test
circuit and switch for an arc fault circuit, because ground
fault and arc fault circuits have different structure and are
for different purposes. From the evidence of record, we find
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