Appeal No. 98-1554 Page 8
Application No. 08/586,894
The Rejection On The Basis Of
Schatz, Lucke and Bottum
Independent claims 40 and 41 stand rejected as being
unpatentable over Schatz in view of Lucke and Bottum. The
examiner begins with the proposition that
Schatz (‘474) discloses all the claimed features of
the invention with the exception of the line section
being provided with an aluminum connecting sleeve in
an area adjoining the interior envelope and in an
area leading out of the exterior envelope (Answer,
pages 5-6).
He goes on to look to Lucke for a teaching of using sleeves
bonded to lines where they go through interior casing walls and
Bottum for a teaching of doing the same with aluminum sleeves
where the lines go through external casing walls, concluding
that it would have been obvious to add these features to the
Schatz structure.
This rejection is fatally defective on its face, in that
both claims require lines formed of “a metal having low heat
conducting capability,” which is not found in Schatz, as the
examiner admitted in the rejection of claim 16, and which also
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