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IN THE CANADIAN PATENT OFFICE

 

      DECISION OF THE COMMISSIONER OF PATENTS

 

Patent application 3502,931 having been rejected under Rule 47(2) of the

Patent Regulations, the Applicant asked that the Final Action of the

Examiner be reviewed. The rejection has consequently been considered by

the Patent Appeal Board and by the Commissioner of Patents. The findings

of the Board and the ruling of the Commissioner are as follows:

 

Agent for Application

Ridout & Maybee

Suite 2300, Richmond-Adelaide Centre

101 Richmond St. W.

Toronto, Ontario

M5H 2J7

      Commissioner's Decision

 

Obviousness: Electric Fuse

 

Multiple helical cadmium fuse elements embedded in sand grains

of specified purity now specified in the amended claims clear

the cited art.

 

Final Action: Reversed

 

This decision deals with the applicant's request for review by the

Commissioner of Patents of the Final Action on application 352,931 (class

306-157) filed on May 28, 1980. It is assigned to Kearney-National Inc.

and is entitled Electric Fuse and Method of Interrupting an Electric

Current. The inventor is Vojislav Narancic. The Examiner in charge issued

a Final Action on August 6, 1982 refusing to allow the application. In

view of information provided in supplemental letters subsequent to the

response to the Final Action, the Patent Appeal Board believes a review of

the evidence on file permits a sufficient assessment of the merits of the

application without conducting a Hearing. The Board recognizes that

Applicant's right to a Bearing has not been waived.

 

The subject matter of the application relates to electric fuses for

interrupting all values of electric current in a high voltage circuit.

Figures 2 and 3 are illustrated below.

 

                          <IMGS>

 

Helical fusible ribbon elements 11-15 are embedded in silica sand 10 within

tubular housing 1. These elements are attached to sleeves 8 and 9

contacting end caps 5 and 6. Each fusible element is provided with notches

16.

 

In the Final Action the Examiner refused the application in view of the

following patents.

 

United States Patents                   

 

3,835,431             September 10, 1974                  Rosen et al

1,208,448             December 12, 1916                   Arthur

3,529,270             September 15, 1970                  Kozacka

 

Rosen et al relates to a high voltage fuse designed for low overcurrent and

short circuit duties. Figures 1 and 2 are shown here

 

                           <IMG>

 

An electrically-insulating former 11 has spaced longitudinal ribs 14 and a

plurality of silver strip fuse elements 15 that are wound in helical form

between end caps 12 and 13. Element 15 is provided with "short circuit"

necks 16 and 17 to ensure a rapid rate of arc extinction under short

circuit conditions.

 

Arthur describes an electric fuse using s fusible member of metallic

cadmium, as shown in Figure 1 below.

 

                            <IMG>

 

Insulating shell 2 has end caps 3 joined by a cadmium conductor 1. The

interior of shell 2 is filled with a filler 5 of silicic acid particles.

 

Kozacka shows an electric fuse filled with quartz and surrounding a cadmium

wire fusing element and having ends that are conductively connected by soft

solder joints to the terminal caps.

 

In the Final Action the Examiner stated (in part):

 

The applicant argues that, since neither Arthur nor Kozacka

disclose a high voltage, general purpose, multi-element fuse, a

person skilled in the art "would not be led to the structure as

claimed by their disclosures". This argument is not

persuasive. The object of the substitution of cadmium elements

in a multi-element fuse, such as shown by Rosen et al, is to

improve its reliability under sustained low intensity overloads

and both Arthur and Kozacka clearly teach that cadmium is the

most suitable material for this purpose. Furthermore, neither

Arthur nor Kozacka state that their fuses are of special-purpose

type, and Kozacka specifically states that his fuse is used in

an electric system having a circuit voltage is excess of 600

volts.

 

The applicant also argues that "the commutation action" is

recited in the claims in considerable detail and the purity of

cadmium is specified. The first of these two arguments is not

valid. Since no "details" of the commutation action are defined

in the claims apart from a mere functional statement that the

arcs are "extinguished in random sequence in fusible elements

via commutation action" (claim 1, last five lines and claim 7,

lines 27-29). It is also pointed out that a sequential random

melting and arcing "via commutation action" will occur in any

fuse comprising a plurality of elements connected in parallel,

as is clearly described in the Rosen et al disclosure (column 4,

lines 59-68 and corm 5, lines 1-18).

 

Regarding the argument concerning the specification of purity of

cadmium, it is obvious that the inherent properties of an

element depend on the degree of its purity and, therefore, it is

desirable to use material of the highest possible purity.

 

In view of the foregoing, it is held that the application

contains nothing of an inventive nature. Therefore this

application is refused.

 

In response to the Final Action the Applicant deleted all but two claims.

This was followed by two supplements so request for review. These

supplemental requests submitted additional amendments to the remaining two

claims as well as supplying affidavits from the inventor and the Director

of Advance Product Planning for the Applicant. Those responses stated (in

part):

 

Arthur and Kozacka each disclose fuses having s single fusible

element. Neither of these discloses a fuse having a plurality

of helical fusible elements as required by applicant's proposed

claims 1 and 2. This is a significant distinction. Reference

is made to the enclosed Affidavit of the inventor Mr. Narancic.

As noted in paragraph 2 of Mr. Narancic's Affidavit, multiple

elements, as required by applicant's proposed claims 1 and 2,

are used in high voltage, kilovoltage fuses, but are not used in

low voltage fuses....

 

....As noted in paragraph 3 of Mr. Narancic's Affidavit, one

reason why it would not have been obvious to employ cadmium in a

high voltage fuse is that it could sot have been predicted that

the residue remaining after the cadmium element melts would be

capable of holding up under the high voltages imposed across the

fuse.        

 

Reference is also made to the enclosed Affidavit of Arthur C.

Westrom. It will be noted from paragraph 2 of Mr. Westrom's

Affidavit that the use of cadmium in the fuses produces distinct

advantages, notably simplified construction and drastically

reduced cost. As noted in paragraph 3 of Mr. Westrom's

Affidavit, the fuses which are the subject of the invention have

met with considerable commercial success.

 

It is believed applicant has demonstrated that the prior art

does not disclose or suggest applicant's fuse as claimed and

that applicant has provided reasons why his structure as claimed

would not have been obvious to one skilled in the art in view of

the applied references. Applicant's evidence of commercial

success supports the point. In view of the advantages and the

commercial success, this can hardly have been an obvious

development, since surely someone before the present applicant

would then have made the development, in view of the advantages

and the commercial possibilities....

 

....It may be noted, for example, that the prior publications of

use of cadmium in the Arthur and Kozacka patents use cadmium in

the context of a low voltage fuse. Arthur and Kozacka are not

analogous art, as suggested, and neither of these has been

reduced to commercial practice as far as applicant is aware.

The present invention is, like the Rosen et al and the Kozacka

patent 3,743,994, concerned with a high voltage fuse. A high

voltage fuse has requirements which distinguish it from low

voltage fuses and has structural features which distinguish it

from low voltage fuses. Thus, for example, because after the

fuse has operated it must withstand a high voltage, high voltage

fuses are considerably longer than low voltage fuses, so that

the high voltage fuse has the ability to withstand a high

voltage applied across it. In a high voltage fuse, one has to

employ a fuse element of a certain length which will ultimately

melt along its entire length and maximize the ability of the

fuse to withstand the high recovery voltage. This is in

contrast to low voltage fuses, where the simple opening of a gap

is sufficient to sustain the recovery voltage. In a high

voltage fuse, a plurality of individual fuse elements are used

and the fuse elements are ordinarily coiled helically, so as to

accommodate the relatively long fuse elements within compact

length.

 

The issue before the Board is whether or not the application presents

patentable subject natter in view of the cited references. Claim 1 as

amended by applicant's letter received on July 15, 1987 reads:

 

An electric general purpose current limiting fuse for use in

circuits of at least 1000 volts, said fuse comprising a tubular

housing of insulating material constructed to withstand the

circuit recovery voltage following a circuit interruption by the

fuse, a terminal cap mounted on each end of said tubular housing

and constituting closure elements thereof, quartz sand of

substantially spherical grains of which approximately 98% are

retained on sieve mesh size 100, approximately 75% on mesh size

50, approximately 30% on mesh size 40, and approximately 2% on

mesh size 30, said sand being formed in excess of 99% purity and

disposed within and substantially filling said housing, a

plurality of substantially homogeneous helical fusible elements

formed of cadmium of 95% to 99.999% purity embedded in and

supported on all sides by said quartz sand and having their ends

connected with said terminal elements respectively to form a

plurality of parallel conducting paths therebetween, said

fusible elements melting and interrupting currents many times

the rated current of the fuse with a high degree of current

limitation and each of said fusible elements being heated

throughout substantially the entire length thereof to a

temperature approximating the melting temperature thereof and

substantially below the boiling temperature thereof by currents

of low magnitude and slightly in excess of normal rated current,

whereby said fusible elements melt in random sequence and arcs

thereafter being established and extinguished in random sequence

in said fusible elements via commutation action for currents of

low magnitude and slightly in excess of normal rated current.

 

It is the Examiner's position that substitution by cadmium elements to

improve fuse reliability under sustained low intensity overloads is shown

by Arthur and Kozacka. Further, he maintains that the applicant's use of

notches in the fuse element is clearly shown in Rosen et al.

 

On the other hand, the Applicant argues that the Rosen et al fuse elements

are supported on a former or core which reduces in insulating properties at

the high temperatures produced during arcing. By supporting the fusible

elements on all eider by quartz sand, the Applicant's arrangement provides

numerous advantages much is relieving tension during heating and cooling

cycles and absorption of arc energy. While acknowledging that Rosen et al

indicates that silica sand may be used for arc quenching material, the

Applicant emphasizes that his filler material of 99% purity enhances the

efficiency of the fuse for he notes quartz sand tan itself pelt or fuse sad

this degree of purity is not suggested by the cited art.

 

Other disadvantages of Rosen et al pointed out by the Applicant are that

cores or formers made of organic materials produce carbon on the surface

during arcing conditions which can cause failure during the post-arc period

and the former or core is more costly than quartz sand. In addition, Rosen

et al uses a silver fuse element provided with an "M" spot to reduce the

selling point which complicates fuse construction and increases the price

of manufacturing that fuse.

 

Arthur discloses a single linear cadmium fuse element in fuses for circuits

carrying 4 amperes having 500 volts or less. Use of silica containing

substantial quantities of water is mentioned in Arthur. The application

before us is for circuits of 1000 volts or more and the plurality of

cadmium elements utilized therein have areas of reduced cross-section to

provide uniform fusing characteristics in circuits carrying more than 30

amperes of current.

 

Kozacka shows a single wire element of cadmium in a cartridge fuse for

electrical systems having a circuit voltage of 600 or more volts. It

describes the methods of connecting the cadmium element to the end caps of

the fuse. Quartz sand is used as a filling in the fuse but the degree of

purity of the sand or the cadmium element is not specified.

 

We have carefully reviewed the IEEE TRANSACTIONS on POWER APPARATUS and

SYSTEMS Vol. PAS-101, No. 7, July 1982, pages 1870 to 1877 submitted in

response to the Final Action. As evidenced by the discussions at the end

of this paper, it is clear that the use of cadmium in fuses carrying high

current at 15 KV or more was not obvious to people skilled in the art of

electrical power transmission.

 

Further we note that in a letter to the inventor dated July 6, 1982, the

Industrial Research sad Development Division of Dun & Bradstreet selected

the applicant's invention as one of the hundred cost significant

technological advances of the year. Data showing sales figures indicates

that the applicant's fuse enjoys considerable commercial success.

 

Amended claim 1 specifies a circuit of at least 1000 volts, quartz sand

grains of at least 99% purity, of which 98% are retained on a sieve mesh

size 100, 75% on mesh size 50, 30% on mesh size 40, 2% on mesh size 30, and

helical fusible elements formed of cadmium of 95% to 99.999% purity. It

may be argued that Rosen et al, Arthur and Kozacka to some extent show the

components used in the applicant's invention. We note from the Narancic

affidavit that prior to his invention multiple elements were not used in

low voltage fuses. Further, he adds when the cadmium elements melt and the

residue disperses onto the filler it is capable of withstanding high

voltage subsequently imposed across the fuse, something not possible in the

cited references. We believe that the Applicant's fuse containing multiple

helical cadmium elements of specified purity embedded in sand grains of the

specified purity represents a patentable advance in the art.

 

Consequently, we recommend withdrawal of the Final Action and acceptance of

the claims submitted with the Applicant's letter of July 15, 1987.

 

M.G. Brown                                   S.D. Kot

Acting Chairman                              Member

Patent Appeal Board

 

I concur with the findings and recommendations of the Patent Appeal Board.

Accordingly, I remand the application for prosecution consistent with the

recommendation.

 

J.H.A Gari‚py

Commissioner of Patents

 

Dated this 16 day of November 1987

Hull, Qub‚c.

 

Ridout & Maybee

Suite 2300, Richmond-Adelaide Centre

101 Richmond St. W.

Toronto, Ontario

M5H 2J7

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