Appeal No. 1997-3513
Application No. 08/263,700
wall of the electrolyte charging opening 12 is
expanded by the press fitting insertion of the first
sealing member 13 so that the reactive stress for
recovering the peripheral wall of the electrolyte
charging opening 12 is applied to the contacted
portion of the first sealing member 13, thereby
enhancing of the sealing function between the
peripheral wall of the electrolyte charging opening
12 and the first sealing member 13. (column 4, lines
6-19).
In our view, a close reading of this passage does not support
the examiner’s finding that Sato inherently teaches a ball of
harder material in the passageway. We note the language that
the opening 12 is expanded in that “reactive stress” for
recovering the peripheral wall of the electrolyte charging
opening 12 is applied to the “contacted portion” of the first
sealing member. In our view, this wording raises the
possibility that Sato is relying on elastic yielding of the
passageway in that the passageway expands elastically to allow
the ball to seat therein, and the reactive stress is the
elastic clamping force of the passageway on the spherical
sealing member 13. Therefore, it cannot be said with any
certainty that the specification of Sato supports the
conclusion that the passageway deforms plastically or is
allowed to “flow” around the ball, forming a seal therewith,
as required by the independent claims on appeal. Thus, the
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