Appeal No. 1999-2259
Application 08/711,614
method of making a surge clamp from an extruded rawstock
similar to that disclosed in Rinderer. Brief at page 10.
Finally, Appellant states that there is no teaching or
suggestion of the stated problem in Rinderer. With respect to
the combination of Rinderer and Slicer, Appellant contends
that “although busway and cable tray both provide a means of
distributing electricity from one point to another, the
methods are fundamentally different as required by the
intended function of each system. Therefore, one skilled in
busway design and manufacturing would not look to cable tray
for engineering solutions as one skilled in cable tray design
and manufacturing would not look to busway for engineering
solutions.”
The Examiner rebuts that “[i]t would have been obvious to
one having ordinary skill in the art at the time the invention
was made to design the extruded form as taught by Rinderer to
be installed in a busway housing . . . in order to add
strength and rigidity to the clamp and to improve the
structure[’s] resistance to electrical surges.” Examiner’s
Answer at page 6. The Examiner further asserts that
“Rinderer teaches the extruded form having a generally flat
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