Ex parte WAKABE et al. - Page 6




          Appeal No. 1997-3624                                                        
          Application 08/398,522                                                      


          housed within the casing, external terminals 26 and 32                      
          disposed on the lid and operatively connected to respective                 
          ends of the capacitor element, a frangible conductor 20                     
          interposed between terminal 26 and the capacitor element, a                 
          flexible diaphragm 23 mounted beneath the frangible connector               
          and a lug 27 formed on the diaphragm.  In the event of a fault              
          condition within the capacitor element 12, “a build-up of gas               
          pressure causes the diaphragm 23 to bow inwardly of the cover               
          21, as shown in Figure 2, breaking or shattering the frangible              
          conductor 20 and interrupting the flow of current to the                    
          capacitor element 12" (page 4).                                             


               In justification of the proposed combination of the                    
          Japanese and British references wherein the Japanese battery                
          would be modified to meet the above noted claim limitations,                
          the examiner explains that                                                  


               [t]he concept of breaking a current breaker                            
               with a pressure sensitive device, wherein the cutter                   
               is an integral part of the pressure sensing means is                   
               seen in the [British reference].  The [British]                        
               reference shows in figure 2, element 23 breaking                       
               element 20.  The cutter portion, 27, is an integral                    
               part of the pressure sensing means.                                    

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