Ex parte PECK et al. - Page 13




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


          vessel and exterior ambient conditions.  See column 3, lines                
          57 through 60.  We do not find that the quotation from                      
          Oeschger, on column 3, lines 19 to 21, that "[t]he entire                   
          device according to the invention relies upon techniques and                
          processes well known in the vacuum capacitor and interrupter                
          arts," which the Examiner cites on                                          
          page 3 of the answer, provides the suggestion to use the                    
          device of Oeschger on a vacuum package enclosure.  Oeschger                 
          teaches that the vessel may contain vapor which is corrosive                
          or radioactive under pressure.  See column 2, lines 54 through              
          59.  Thus, Oeschger's vessel is not evacuated or a vacuum.                  
               Accordingly, we find that the Examiner has not set forth               
          a prima face case as neither Oeschger nor Mizuhara teaches or               
          suggests a ceramic feedthrough brazed to a vacuum package                   
          enclosure.  Thus, we will not sustain the rejection of claims               
          1 through 4, 9, 11, 12 through 16, 18 and 19 under 35 U.S.C.                
           103 as being unpatentable over Mizuhara and Oeschger.                     
               Next, we turn to the rejection of claims 1, 3, 6, 7 and                
          13 under 35 U.S.C.  103 as being unpatentable over Guillotin               
          and Oeschger.  On page 3 of the answer, the Examiner asserts                
          that Guillotin teaches a ceramic feedthrough plate where there              
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