Appeal No. 1999-2259
Application 08/711,614
Each rung 26 has first and second opposite ends 28, 30
abutting the first and second side rails 22, 24,
respectively.
Further, at column 3, lines 36-38, Rinderer discloses that
“[e]ach rung is preferably aluminum and may be formed by
extrusion or other suitable method.” Still further, at column
2, lines 52-54, Rinderer reads, “Electrical cable and wire
placed in the cable tray 20 is adapted to rest on the upper
flanges 38 of the rungs.”
The plain language of Appellant’s claim 1 requires a
surge clamp of extruded form. Rinderer teaches cable tray
rungs of extruded form. But one of ordinary skill in the art
would not find that Rinderer’s extruded cable tray rungs used
to rest electrical cables and wires enables or describes an
invention claiming an extruded surge clamp capable of
resisting magnetic forces caused by high short circuits. No
obvious relationship exists between these two elements
designed for very different purposes.
Furthermore, the plain language of Appellant’s claims
also requires a busway housing(s). Rinderer teaches a cable
tray with spaced apart metal side rails that structurally
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