Ex Parte Schreiber et al - Page 2



            Appeal 2007-3126                                                                               
            Application 10/359,275                                                                         

                  The appeal is hereby dismissed with respect to the § 112, ¶ 1 rejection,                 
            which was withdrawn at page 3 of the Answer.                                                   
                  We affirm the § 103(a) rejection.                                                        
            A.  The invention                                                                              
                  Appellants’ invention is a high-voltage vacuum switching device in which                 
            the axially movable operating rod that controls the position of the movable contact            
            contains resistors of a voltage-sensing circuit.  More particularly, the operating rod         
            is tubular and the resistors are supported therein by an elastic filling compound that         
            is different from the material of the operating rod.                                           
            B.  The claims                                                                                 
                  The independent claims are claims 1 and 21, which read:                                  
                         1.  A vacuum device, the device comprising:                                       
                         a vacuum assembly having switching contacts disposed therein,                     
                  one of the switching contacts being a movable switching contact that                     
                  is movable along an axis;                                                                
                         a tube disposed along the axis and operable to actuate                            
                  movement of the movable switching contact along the axis;                                
                         a sensor disposed within the tube;                                                
                         an elastic compound that encapsulates the sensor, is provided                     
                  within the tube, and is made from a material different from a material                   
                  of the tube.                                                                             
                         21.  A vacuum switching device including an operating rod, the                    
                  operating rod comprising:                                                                
                         a radially-wound, epoxy glass tube;                                               
                         a sensor disposed within the tube; and                                            

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