Ex Parte MELLARDO - Page 2




          Appeal No. 2003-1210                                                        
          Application No. 09/295,212                                                  


                    1.  A cables arrester, in combination with an                     
               energized-fluid conduit, comprising:                                   
               a conduit having a wall surface, the conduit for                       
               conducting an energized fluid therethrough;                            
               a plurality of power cables confined within said                       
               conduit; and                                                           
                    means removably fixed to said wall surface within                 
               said conduit for holding said plurality of cables in spaced-           
               apart disposition across said conduit.                                 
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Kramer et al. (Kramer)      4,483,395               Nov. 20, 1984           
          Bayh, III (Bayh)            4,913,239               Apr.  3, 1990           
               Claims 1-9 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Bayh in view of Kramer.  According to the                 
          examiner, “it would have been obvious to one having ordinary                
          skill in the art of cables at the time the invention was made to            
          modify the bridging means [i.e., electrical connector means 45]             
          of Bayh . . . to comprise the bridging means [i.e., guard device            
          10] as taught by Kramer because Kramer teaches that such a                  
          configuration provides protection from abrasion against the inner           
          surfaces of the conduit (Col. 1, lines 33-36) and provides a                
          simple and inexpensive construction that functions in a more                
          efficient manner than any comparable device (Col[.] 3, lines 60-            
          65)” (answer, page 5).                                                      

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