B727 FLC IGNORES XING RESTR ON DEP FROM SJC.

Narrative

THE CREW HAD JUST FINISHED 6 HRS 8 MINS OF CHARTER FLT INTO AN UNFAMILIAR ARPT; SJC. WE HAD YET A 4 HR 30 MIN FERRY FROM SJC TO XYZ LATE THAT EVENING. IT WAS MY LEG. AFTER TKOF; WE WERE EXECUTING THE LOUPE 9 DEP PROC. DURING THE CLB; HE CLRED US TO THE SJC VOR AND TO JOIN THE DEP PROC AS PUBLISHED. BECAUSE THE CTLR CLRED US TO 17000 FT; WE IGNORED THE XING RESTR AT SJC VOR AT 12000 FT. THEREFORE; WE CONTINUED OUR CLB HIGHER THAN 12000 FT PRIOR TO REACHING SJC VOR. LATER; THE CTLR 'QUERIED' US ON THE RESTR. THERE WAS NO INCIDENT OR CONFLICT WITH ANY OTHER ACFT. I BELIEVE THE MISTAKE RESULTED IN A COMBINATION OF BEING SLIGHTLY FATIGUED; AND CONFUSION IN THE COM BTWN THE CTLR AND THE CREW. CORRECTIVE ACTION MAY HAVE TAKEN PLACE ON BOTH SIDES DUE TO THE FACT WE WERE UNFAMILIAR WITH THE ARPT; AND OUR CALL SIGN WAS UNFAMILIAR TO THE CTLR. IF THE CTLR WOULD HAVE STATED 'CROSS SJC VOR AT 12000 FT THEN MAINTAIN 17000 FT;' THERE WOULD HAVE BEEN NO CONFUSION. SECOND; IT WAS PART OUR RESPONSIBILITY TO QUERY ATC RATHER THAN ASSUME DURING A CONFUSING CLRNC.