Ex parte BROOKS - Page 3




              Appeal No. 2000-0368                                                                                     
              Application No. 08/789,659                                                                               


                     Claims 1, 9, 17, 18, 24, and 25 stand rejected under 35 U.S.C. § 103 as being                     
              unpatentable over Beihoff.  Claims 20-23 stand rejected under 35 U.S.C. § 103 as being                   
              unpatentable over Beihoff in view of MacKenzie.                                                          
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                 
              appellant regarding the above-noted rejections, we make reference to the final rejection                 
              (Paper No. 12, mailed June 19, 1998), examiner's answer (Paper No. 21, mailed Jan 20,                    
              1999) for the examiner's reasoning in support of the rejections, and to the appellant's brief            
              (Paper No. 18, filed November 23, 1998) and reply brief (Paper No. 24, filed May 21,                     
              1999) for the appellant's arguments thereagainst.                                                        
                                                      OPINION                                                          

                     In reaching our decision in this appeal, we have given careful consideration to the               
              appellant's specification and claims, to the applied prior art references, and to the                    
              respective positions articulated by the appellant and the examiner.  As a consequence of                 
              our review, we make the determinations which follow.                                                     
                     The examiner maintains that Beihoff teaches a sensor (resistor 162) coupled to one                
              of the secondary lines for monitoring the rate of change of the electric current in the                  
              secondary line, but Beihoff does not disclose that the sensor produces a signal                          
              representing the rate of change of the electric current in the secondary line.  (See final               




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