Ex parte LUCEY - Page 6

          Appeal No. 1998-0912                                                        
          Application 08/413,521                                                      

                    Appellant argues that the air space of Bolton, about              
          15% of the volume, would not allow a “bubble” to form at the                
          top of the container (brief-pages 3 and 4).  Also, Appellant                
          contends, Bolton is not designed to protect the electronic                  
          circuit regardless of orientation of the container (brief-page              
                    We agree with Appellant.  Bolton never recites a                  
          bubble, or anything similar thereto.  Bolton’s “gas space or                
          cushion 12", as depicted in Figure 1, appears nothing like a                
          bubble.  The only suggestion that Bolton’s space 12 might be                
          broadly considered as a bubble, is the fact that Appellant’s                
          claims call for such, i.e. hindsight.                                       
                    Claim 1's requirement that “the elevated pedestal                 
          segregates the electronic circuit from condensate regardless                
          of the container orientation” (emphasis added), has never been              
          addressed by the Examiner.  To the contrary, Bolton suggests                
          that the orientation of the container remains vertical.  At                 
          column 4, lines 24-28, Bolton states:                                       
                         When gas insulation rather than liquid                       
               insulation is used there is, of course, no liquid                      
               level in the tank above which the port 13 should be                    
               placed and consequently the port and its covering                      


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