Ex Parte STEINER et al - Page 5




             Appeal No. 2002-0496                                                              Page 5                
             Application No. 09/182,542                                                                              


                    to a transformer, at least one end of the distribution loop being coupled to                     
                    receive a power system signal, the fault locator system comprising:                              
                           a fault signature detector coupled to the distribution loop at one of                     
                    the junctions between two of the cable sections to detect a transient signal                     
                    representing a fault; and                                                                        
                           a power supply, coupled to receive operational power from the                             
                    transformer which is coupled to the junction of the two cable sections.                          


                    Claims 1-36 stand rejected under 35 U.S.C. § 112, ¶ 1, as non-enabled.                           


                                                     OPINION                                                         
                    We have considered the positions of the examiner and the appellants in toto.                     
             Being persuaded by most of the reasons expressed in the declaration of Robert C.                        
             Wharton (Paper No. 15), we reverse the non-enablement rejection of claims 1-15 and                      
             17-36.  We now turn to the non-enablement rejection of claim 16.  The examiner                          
             asserts, "[c]laim 16 lacks enablement as it is unclear how successive pulses of the                     
             transient signal is used to determine the velocity of the signal in the distribution loop."             
             (Examiner's Answer at 7.)  The appellants argue, "[t]his means is described in the                      
             specification at step 618 of Fig. 6 and at page 18, line 32 through page 19, line 2.  From              
             the description of the pulses at page 13, lines 10-13, one of ordinary skill in the art at              
             the time the invention was made could readily determine an approximate velocity of the                  
             traveling wave because the distance from the FDI to both ends of the cable system is                    








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