Appeal No. 1997-3513
Application No. 08/263,700
distinct spherical members. In Examples 1 through 4, the
sealing member is a spherical body of 2.3 mm in diameter made
of polytetrafluoroethylene. See column 5, lines 61 through
column 6, line 7. The Examples 5 through 8 utilize the
structure of Examples 1 through 4, but in Examples 5 through 8
the spherical member is made of stainless steel. In both
embodiments, the case and passageway are made of stainless
steel. Considering that Sato discloses both a polymer
spherical sealing member and a stainless steel spherical
member, it is difficult to generalize about whether Sato does
indeed represent a recognition in the art that this spherical
sealing member should be made harder than the passageway.
The examiner, in part, bases the rejection on the
inherent or implicit finding that the sphere of Sato is harder
than the material of the passageway due to the “reactive
stress” language used in the Sato specification at two
locations. The more detailed of these passages in the
specification reads as follows:
Further described in detail, in the embodiments of
the present invention, since the first sealing
member 13 is inserted in the electrolyte charging
opening 12 by press fitting to the inner surface of
the surrounding wall of the cylindrical or taper
cylindrical shaped opening 12, the circumference
4
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