Ex parte O'NEILL et al. - Page 5




          Appeal No. 1998-0510                                                        
          Application 08/742,519                                                      

          Nevertheless, figure 2a of Wengen discloses a second opening                
          37 that "will serve as a vent and observation opening whereby               
          the user may be constantly aware of the depth of potting                    
          material which he is creating within the casing structure"                  
          (col. 3, lines 25-28).  This second opening has a cylindrical               
          wall that might broadly be considered a container that                      
          contains encapsulant exiting from the casing.  However, claim               
          1 recites a "pressure relief valve" and such a valve would                  
          prevent direct visual observation.  Therefore, some add-on                  
          structure is required.  We find no motivation in Wengen to put              
          a container like container 34 on the outlet port since the                  
          depth of the potting material can be directly observed through              
          the opening.  Assuming, arguendo, that it would have been                   
          obvious to put a container on the outlet port, it presumably                
          would have been a wide container like container 34 which                    
          permitted viewing the level from the top and there would have               
          been no necessity for the container to be light transmissive.               
          Accordingly, the Examiner's obviousness rationale is                        
          incomplete.                                                                 
               Appellants note that in Hickinbotham the entire content                
          of bag 20 is forced out of the structure into plastic bag 50.               

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