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
12
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