Ex parte UTTER et al. - Page 4




          Appeal No. 97-0745                                                          
          Application No. 08/355,886                                                  


          by the establishment of certain dimensional relationships between           
          the various components.  Specification, pages 1 through 4.                  
               As recited in independent claim 1, the invention comprises a           
          metal stencil mask of foil produced from an essentially                     
          homogeneous metal sheet having a thickness of less than about 200           
          microns, a stencil formed in the foil and extending inwardly from           
          a first exterior surface to a first depth, and a mesh formed in             
          the foil and extending inwardly from a second surface to a second           
          depth, wherein the ratio of the first depth to the second depth             
          is less than 60:40.                                                         
               The examiner is of the view that the subject matter of this            
          claim would have been obvious to one of ordinary skill in the art           
          on the basis of the disclosure of Ahn.  The appellant argues                
          that, while Ahn bears a strong resemblance of the claimed mask,             
          the reference fails to disclose or teach the required 60:40 ratio           
          between the depths of the stencil and the mesh.  The examiner’s             
          stated position, however, is that while Ahn does not specify that           
          the claimed ratio is present in his mask, one of ordinary skill             
          would have understood this to be the case by recognizing from the           
          drawings that the two layers appear to be of similar depths,                
          considering that “if the ratio of the depths were to be 10:90 or            
          any other extreme . . . the reference would have made a note of             

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