Ex parte MORIGA - Page 5




          Appeal No. 96-1507                                                          
          Application 08/168,185                                                      


          recognized and admitted by appellant in the reply brief.  The               
          examiner makes mention of the discussion at page 10, lines 4-6              
          of the specification as filed that the temporary bonding resin              
          “may be” the same thermosetting resin as the final bonding                  
          material or it may be another thermosetting material.  It is                
          further noted that the thermosetting resin limitation of the                
          independent claim does not necessarily exclude nor require                  
          that solid particles of any given grain size be within that                 
          resin material in contrast to that which is required in the                 
          early recited feature of claim 1 on appeal of the temporary                 
          bonding resin.                                                              
               The examiner misstates at page 5 of the answer that the                
          “temporary bonding resin” is the same as the thermosetting                  
          resin since the specification merely teaches that they may be               
          the same.  Additionally, the examiner’s reasoning continues to              
          conclude that because of this “the combination of the resins                
          is equivalent to a single thermosetting resin with fillers.”                
          On this point, we also do not agree with the examiner.  We                  
          find ourselves in general agreement with the assertion made at              
          the top of page 7 of the principal brief on appeal that even                
          though the functions discussed in the earlier portion of that               
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