Ex parte GRAY et al. - Page 10




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


                 higher moisture transmission rate transparent material , were                                    4                                     
                 not entirely satisfactory.  One of ordinary skill in the art                                                                           
                 would not, in our opinion, derive from these teachings that                                                                            
                 any use of transparent material in packaging semi-conductor                                                                            
                 wafers should be avoided, as appellants would apparently have                                                                          
                 us believe.                                                                                                                            
                          Appellants’ argument on page 9 of the brief to the effect                                                                     
                 that the teachings of Salfisberg conflict with those of AAPA                                                                           
                 is not well taken because it is founded on a position with                                                                             
                 which we do not agree, namely, that AAPA teaches that the use                                                                          
                 of transparent material in packaging semi-conductor wafers is                                                                          
                 to be avoided.  As to the argument that “bags of the type                                                                              
                 disclosed by Salfisberg generally do not have low moisture                                                                             
                 transmission properties of the type which would be of interest                                                                         
                 in the field of semiconductor packaging” (brief, page 9), this                                                                         
                 argument is speculative, and, even if true, is not fatal to                                                                            
                 the rejection because Salfisberg is not relied upon for a                                                                              

                 contents of the bags” (specification, page 1; emphasis added).                                                                         
                          4“Moreover, bags made entirely of transparent materials                                                                       
                 have proved to be unsatisfactory because they typically have                                                                           
                 higher moisture transmission rates . . .” (specification, page                                                                         
                 1; emphasis added).                                                                                                                    
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