Ex parte WEST - Page 8




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


          step in an anticipation analysis involves a comparison of the               
          construed claim[s] to the prior art. Id.                                    
               Construing claim 1, we note that the claim language                    
          plainly requires at least the limitations of “a surge clamp”;               
          “an  extruded form being cutable to a length”; “a number of                 
          busway housings”; and “said surge clamp for continuously                    
          engaging a generally flat surface of said any one of the                    
          busway housings    . . . .”  Appellant’s specification                      
          discloses that surge clamps are fastened to the top and bottom              
          of busway housings to limit or prevent damage to the housing                
          caused by high short circuit magnetic forces.  Busway housing               
          includes a duct top, duct bottom, two generally parallel duct               
          sides extending along the longitudinal dimension of the busway              
          section and a number of surge clamps placed across the duct                 
          top and duct bottom.   Specification, page 4.                               
               Comparing the prior art, Rinderer discloses a ladder-type              
          cable tray with rungs.  Specifically, column 2, lines 32-35                 
          reads:                                                                      
               The cable tray 20 comprises first and second generally                 
               parallel spaced-apart metal side rails 22, 24 and a                    
               plurality of metal rungs, each designated 26, extending                
               between the rails at intervals spaced along the rails.                 

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