Ex parte WEST - Page 4




          Appeal No. 1999-2259                                                        
          Application 08/711,614                                                      


               an extruded form being cutable to a length determined by               
          the particular width of any one of the busway housings on                   
          which it is to be used, said extruded form having at least one              
          generally flat surface extending along a longitudinal axis of               
          said surge clamp for continuously engaging a generally flat                 
          surface of said any one of the busway housings and defining a               
          centrally located passage extending longitudinally from a                   
          first end of said surge clamp to a second end of said surge                 
          clamp.                                                                      


               In rejecting Appellant’s claims, the Examiner relies on                
          two references:                                                             
          Slicer et al. (Slicer)        4,705,334                Nov. 10,             
          1987                                                                        
          Rinderer                      5,580,014                Dec.  3,             
          1996                                                                        
               Claims 1 and 4 stand rejected under 35 U.S.C. § 102 as                 
          being anticipated by Rinderer.  Claims 2, 3, 6-8 and 12 stand               
          rejected under 35 U.S.C. § 103 as obvious over the combination              
          of        Rinderer and Slicer.  Rather than repeat the                      
          arguments of  Appellant and Examiner, we refer the reader to                









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