Appeal No. 2000-0085
Application No. 08/802,582
known in the art to constitute a “frangible” means (answer,
pages 4 and 5), we find no mention of Mylar in the disclosure
of the FitzGerald patent. In column 3, lines 1-6, FitzGerald
indicates that the rupture member (12) may be made of a
variety of non-metallic materials, including “a variety of
plastics, resins[,] and other materials such as graphite which
is presently preferred,” but nowhere mentions Mylar
specifically. Accordingly, the examiner’s rejection of claim
3 and of claims 9 through 12 under 35 U.S.C. § 103 will
likewise not be sustained.
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