Appeal No. 1997-0524
Application No. 08/495,699
obvious to use such a higher softening point temperature
sealing member in Bowsky to enhance the sealing function of
the terminal assembly in view of the teachings of LeMieux.
In response, Appellants assert (Brief, pages 6-8) a lack
of suggestion or motivation in the references for combining or
modifying teachings to establish a prima facie case of
obviousness. After careful review of the Bowsky and LeMieux
references, we are in agreement with Appellants’ stated
position in the Brief. The 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 n. 14 (Fed. Cir. 1992).
The Bowsky reference discloses a unitary conducting pin made
of the same material throughout extending through the wall of
the terminal assembly which includes a flange portion 21
radially extending from the conducting pin. On melting of the
reduced diameter fuse area of Bowsky’s conducting pin, this
flange portion will abut against ledge 33 of sleeve 23,
thereby preventing the conductive pin from shorting to the
7
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