Ex parte PECK et al. - Page 12

          Appeal No. 1997-2164                                                        
          Application No. 08/277,468                                                  

          material (items 27, 28 and 38) which holds the pin (item 13)                
          to the ceramic feedthrough are all assembled as shown in                    
          figure 3 and then introduced to a brazed furnace.  See column               
          4, lines 47 through 50, and column 5 lines 11 through 48.                   
          Oeschger teaches that the body is welded to the vessel, which               
          we find to be a separate step.  See column 4, lines 17 through              
          21.  Thus, we find that Oeschger teaches that the ceramic                   
          feedthrough is brazed to an interim body.                                   
               We note that our reviewing court has stated that where a               
          reference is relied on to support a rejection, whether or not               
          in a minor capacity, there would appear to be no excuse for                 
          not positively including the reference in the statement of the              
          rejection.  In re Hoch, 428 F.2d 1341, 1342, 166 USPQ 406, 407              
          (CCPA 1970).  Accordingly, we are unpersuaded by the                        
          Examiner's assertion on page 9 of the answer, that the prior                
          art of record cited in the prior office actions, but not                    
          recited in the statement of the rejection show that it is well              
          known in the art to braze ceramic plates directly to the wall               
          of enclosures.                                                              
               Further, we find that Oeschger teaches that the                        
          feedthrough is used for connection between a pressurized                    

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