Ex Parte Wertsberger - Page 10



          Appeal No. 2004-1681                                                        
          Application No. 09/749,216                                                  

          equipment benefits from a discharge plate that is hidden from               
          human contact.”  We agree, and note that the examiner does                  
          not provide a convincing rebuttal regarding this point made                 
          by appellant. Answer, page 10.  The examiner merely refers to               
          In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA                    
          1981), and does not explain how one of ordinary skill in the                
          art would have incorporated the electrostatic discharge                     
          shield 90 into the device of Schwalm without changing the                   
          operation of the device of Schwalm.                                         
               We therefore reverse the rejection of claim 9.                         

          Claim 14                                                                    
               Claim 14 requires that the resistor of the device of                   
          claim 10 comprises a pattern made of resistive material                     
          “deposited” on the inner surface of the wallplate.  For the                 
          same reasons that we reversed the rejection of claim 10                     
          (regarding “deposited”), we reverse the rejection of claim                  
          14.                                                                         

          Claim 15                                                                    
               With regard to claim 15, because claim 15 depends upon                 
          claim 14 (which depends upon claim 10), we reverse the                      
          rejection of claim 15.                                                      

          Claim 21                                                                    
               With regard to claim 21, claim 21 depends upon claim 10,               
          and therefore we reverse the rejection of claim 21.                         

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