Ex parte HUBBAUER et al. - Page 7




                 Appeal No. 1998-0259                                                                                                                   
                 Application No. 08/391,817                                                                                                             


                 appearing in the claim.  Thus, whether the feature is formed                                                                           
                 solely in the encapsulant is immaterial.  See In re Self, 671                                                                          
                 F.2d 1344, 1350, 213 USPQ 1, 5 ((CCPA 1982).  Nakazawa's                                                                               
                 feature (i.e., V-groove 12a) is clearly located in what the                                                                            
                 Examiner relies upon as the encapsulant, elements 5 and 12.                                                                            
                 Element 5 is located over substrate 2a as required by claim 1.                                                                         
                 Additionally, although Nakazawa recites 12 is a casing and 5                                                                           
                 is a lid, a broad interpretation of these components qualifies                                                                         
                 them as an encapsulant.  Note the enclosed dictionary3                                                                                 
                 definition wherein it states, encapsulate- to enclose in or as                                                                         
                 if in a capsule.                                                                                                                       


                 Kubota                                                                                                                                 
                          The Examiner's explanation of Kubota is the same, element                                                                     
                 for element, as that stated for Nakazawa supra.  (Answer-page                                                                          
                 5.)                                                                                                                                    
                          Appellants acknowledge that Kubota is closely related to                                                                      
                 Nakazawa (brief-page 8), and rely on the same arguments.                                                                               
                          Accordingly, we again agree with the Examiner's position                                                                      


                          3Webster's Ninth New Collegiate Dictionary, 1986                                                                              
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