Ex parte ENDO et al. - Page 8




          Appeal No. 1997-3028                                                        
          Application 08/290,083                                                      



          gas, a gas storage reservoir storing a second insulating gas                
          different from the first insu- lating gas and a gas filling                 
          means coupling the gas storage                                              





          reservoir to the electromagnetic valve means in response to                 
          the output of the detecting means indicating the detection of               
          an insulating abnormality for controlling the electromagnetic               
          valve to admit at least a portion of the second insulating gas              
          into the  gas section members of the elongated insulated                    
          electric device.  Instead, the Examiner argues that there is                
          nothing unobvious seen to have been involved in simply apply-               
          ing one of the well-known gases for the gas insulating appara-              
          tus.                                                                        
                    The Federal Circuit states that "[t]he mere fact                  
          that the prior art may be modified in the manner suggested by               
          the Examiner does not make the modification obvious unless the              
          prior art suggested the desirability of the modification."  In              
          re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84                

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