A B737-300 WAS DISPATCHED IN NON COMPLIANCE WITH THE FLAP-SLAT ASYMMETRY INOP CAUSED BY A CIRCUIT BREAKER LOCKED OUT FROM A PREVIOUSLY CLRED DEFERRED ITEM.

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AFTER WE WERE CLRED FOR THE SABINE ARR INTO HOUSTON WITH CLRNC TO; 'CROSS SMITH AT 10000 FT AND 250 KTS;' WE PROCEEDED TO COMPLY WITH THE ARR. THE FO (PF) WAS A LITTLE BEHIND THE DESIRED PROFILE FOR OUR RESTR AND ELECTED TO EXTEND THE SPD BRAKES. OUR RATE OF DSCNT INCREASED AND WE RETURNED TO THE FMC PROFILE (LNAV/VNAV) FROM LEVEL CHANGE. JUST AS WE STOWED THE BOARDS WE GOT A LEADING EDGE TRANSIT CAUTION LIGHT ON THE FORWARD CONSOLE. I NOTED THE GAUGE INDICATED THE FLAPS WERE IN FACT UP. THE OVERHEAD LEADING EDGE DEVICE PANEL HOWEVER INDICATED THE #5 SLAT WAS PARTIALLY EXTENDED (GREEN CELL LIGHT ON). I JIGGLED THE FLAP HANDLE AND SUGGESTED THE FO SLOW DOWN WHICH HE DID. THE LIGHT WENT OUT BUT CAME ON IN LESS THAN A MIN AND I BEGAN TO RUN THE ABNORMAL CHKLIST (QRH). IT WAS OBVIOUS WE WOULD NOT MAKE SMITH AT 10000 FT AND 250 KTS; SO I RPTED SAME TO ZHU. ZHU MADE NO REPLY TO MY INABILITY TO MAKE THE RESTR BUT PASSED ME TO APCH CTL. ON ROLLOUT AND TAXI IN WITH FLAPS UP WE GOT THE SAME 2 LIGHTS. MAINT WAS ADVISED AND A WRITE-UP WAS MADE. IN DISCUSSION WITH MAINT WE WERE INFORMED THIS WAS A RECURRING PROB WITH ACFT ABC. (NOTHING WAS CURRENT IN THE MAINT LOG PAST WRITE-UPS WHICH I HAD REVIEWED EARLIER.) ALSO THE ASYMMETRY PROTECTION CIRCUIT BREAKER HAD ALREADY BEEN PULLED AND COLLARED (REQUIRED TO DO TO MEL ACFT FOR NEXT FLT). THIS IN MY OPINION WAS UNSATISFACTORY IF THE PRIOR WRITE-UP WAS CLRED THAT CIRCUIT BREAKER SHOULD HAVE BEEN RESET. I WAS FLYING AROUND WITHOUT ASYMMETRY PROTECTION. WE NEED TO PAY MORE ATTN TO DETAILS AND ACTUALLY FIX ACFT WITH PROBS. ALTHOUGH EVERYTHING WORKED OUT SAFELY I STILL WONDER IF WE MADE SMITH AT 10000 FT 250 KTS OR IF ZHU EVER HEARD ME SAY I HAD A PROB. I WAS WORKING ON SAFETY FIRST.