Ex parte GRAY et al. - Page 2




                 Appeal No. 98-0457                                                                                                                     
                 Application 08/604,813                                                                                                                 


                 appellants’ invention relates to “moisture barrier bags of the                                                                         
                 type used to transport and store semiconductor wafers, and                                                                             
                 more particularly to a bag having a window for optically                                                                               
                 inspecting wafers contained in the bag.”  Independent claim 1,                                                                         
                 a copy of which is found in an appendix to appellants’ brief,                                                                          
                 is exemplary of the appealed subject matter.                                                                                           
                          The references relied upon by the examiner in support of                                                                      
                 rejections under 35 U.S.C. § 103 are:                                                                                                  
                 Salfisberg                                   2,298,421                                    Oct.  13, 1942                               
                 Pokras                                       3,409,063                                    Nov.   5, 1968                               
                 Schwinn                                      3,907,291                                    Sept. 13, 1990                               
                 (German Patent Document)                                                                                                               
                          In addition, the examiner relies on appellants’ admitted                                                                      
                 prior art (AAPA) as set forth on page 1 of the specification                                                                           
                 under the heading “Background of the Invention.”2                                                                                      

                          2With respect to the “Background” discussion found on                                                                         
                 page 1 of the specification, we note the Japanese Abstract,                                                                            
                 Publication No. 02180181 (Mitsubishi Electric Corp.), July 13,                                                                         
                 1990, included in appellants’ Information Disclosure Statement                                                                         
                 (Paper No. 8) filed subsequent to the final rejection and the                                                                          
                 answer, which submission has been indicated by the examiner as                                                                         
                 having been considered (Paper No. 11).  The Mitsubishi                                                                                 
                 publication discloses a moisture proof package having a                                                                                
                 transparent window for allowing the type and name of its                                                                               
                 contents to be confirmed, with the transparent window being                                                                            
                 covered by a seal that may be peeled off when the contents is                                                                          
                 to be confirmed.  In that the Mitsubishi package appears to be                                                                         
                 for semi-conductor wafers or the like, it would seem that a                                                                            
                 discussion thereof in the “Background” section of the                                                                                  
                                                                         -2-                                                                            





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