Ex Parte Jenks - Page 9




              Appeal No. 2003-2098                                                                  Page 9                
              Application No. 09/833,978                                                                                  


              Our decision                                                                                                
                     We agree with the examiner that claim 1 does not require a ground plug                               
              mechanism.  Accordingly, we find the appellant's argument not commensurate in scope                         
              to the claimed subject matter.  Moreover, claim 1 is readable on Freeman as follows:                        
              An electrical interrupt switch (Freeman's adapter 10) for allowing disconnection of                         
              electrical plug-connected equipment (Freeman's electrical device 46) without removing                       
              an electrical plug from a receptacle, said switch comprising: a 120 VAC plug at a first                     
              end (Freeman's prongs 17 and 18); a corresponding receptacle (Freeman's recesses                            
              27 and 28 and contact elements 19 and 20) at a second end for allowing connection of                        
              an electrical power cord, said receptacle in rigid mechanical contact with said plug                        
              (Freeman's recesses 27 and 28 and contact elements 19 and 20 are in rigid mechanical                        
              contact with prongs 17 and 18); and a rocker switch that allows a user to interrupt flow                    
              of electrical current (Freeman's finger operable member 41 together with toggle                             
              member 36 allows a user to interrupt flow of electrical current).                                           


                     Since all the limitations of claim 1 are disclosed in Freeman for the reasons set                    
              forth above, the decision of the examiner to reject claim 1 under 35 U.S.C. § 102(b) is                     
              affirmed.                                                                                                   











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