Appeal No. 1999-2209 Page 10
Application No. 09/069,355
persuaded that teachings from the applied prior art would have
suggested the claim limitations. We therefore find that the
examiner has failed to establish a prima facie case of
obviousness. Accordingly, the rejection of claim 1 under 35
U.S.C. § 103(a) is reversed.
We turn next to the rejection of claims 2-13 under 35
U.S.C. § 103(a) where the examiner additionally relies upon
the teachings of Foster. The examiner (final rejection, page
3) relies upon Foster for a teaching of a three position
rocker switch, which we find in figure 2A of Foster. However,
Foster does not overcome the deficiencies of the basic
combination of Morris and Mackenzie because Foster does not
disclose an arc fault test circuit and arc fault test switch.
Accordingly, the rejection of claims 2-13 under 35 U.S.C. §
103(a) is therefore reversed.
CONCLUSION
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