Ex parte PATEREK et al. - Page 6




          Appeal No. 1997-0524                                                        
          Application No. 08/495,699                                                  


          of complying with the burden of presenting a prima facie case               
          of                                                                          
          obviousness.  Note In re Oetiker, 977 F.2d 1443, 1445, 24                   
          USPQ2d                                                                      
          1443, 1444 (Fed. Cir. 1992).                                                
               With respect to claim 1, the sole independent claim                    
          before us on appeal, the Examiner, as the basis for the                     
          obviousness rejection, proposes to modify the hermetic                      
          terminal assembly disclosed by Bowsky which includes a current              
          conducting pin extending through the housing wall of the                    
          terminal assembly and which is surrounded by a sealing member.              
          As recognized by the Examiner, Bowsky’s disclosure is silent                
          as to the softening temperature of such sealing member and the              
          relationship of such softening temperature relative to other                
          components of the terminal assembly.  To address this                       
          deficiency, the Examiner turns to the terminal assembly                     
          disclosure of LeMieux for a teaching of using a sealing member              
          material with a higher softening point temperature than a                   
          fusible section of a conducting pin permitting the seal to                  
          remain intact on melting of the fuse.  In the Examiner’s view               
          (Answer, page 6), the skilled artisan would have found it                   
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