Ex parte CARPENTER - Page 2




          Appeal No. 1997-3704                                                        
          Application 08/572,183                                                      


          under 35 U.S.C. § 103 as being unpatentable over (1) Preiss in              
          view of Harris and Ponczek and (2) Preiss in view of Harris,                
          Ponczek and Akeyoshi, Ballentine or Jin, and reversed the                   
          examiner's rejections of claims 8 through 12 under 35 U.S.C. §              
          103 as being unpatentable over (1) Preiss in view of Harris,                
          Ponczek, Wetterhorn and MIL-STD-454F and (2) Preiss in view of              
          Harris, Ponczek, Wetterhorn and Akeyoshi, Ballentine or Jin.                
               We have carefully considered the arguments raised by                   
          appellant in the request for rehearing, however, those                      
          arguments do not persuade us that our decision was in error in              
          any respect.                                                                
               The first argument (pages 1 and 2) raised by appellant is              
          that “appellants' ‘joint’ is comprised of solder that                       
          fractures to allow a controlled release and is not dependent                
          nor structurally equivalent” to the plug taught by Ponczek                  
          (emphasis original).  Specifically, appellant calls our                     
          attention to Ponczek’s teaching that the pressure relief valve              
          78 “blows” upon a predetermined increase in pressure within                 
          the housing 11 (col. 4, lines 6 and 7) while claim 1 calls for              
          a “joint” comprised of solder that fractures at a                           


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