Appeal No. 1998-1374
Application No. 08/466,562
is present "in a minimum in a small but effective amount to
control shrinkage of said paste" is unclear. According to the
examiner, the language is "relative, equivocal and unclear as
to how much is a `small but effective amount.'" (footnote to
MPEP omitted). The examiner suggests that changing the
language to read "present in an effective amount to control
shrinkage of said paste" would have overcome the rejection.
We are unable to discern the difference between the
language of claim 3 and the proposed language suggested by the
examiner. Contrary to the examiner's position, claim 3 already
recites a statement of intended function coupled with the
language "small but effective amount." Thus, claim 3, which
further modifies claim 1, requires that the copper aluminate
be present and present in an amount not less than an amount
("as a minimum") "effective to control shrinkage" of the
copper-based sintering paste. We are satisfied that the
language of claim 3, especially when read, as it must be, in
light of appellants' disclosure beginning at page 6, line 5
through page 7, line 12, adequately describes the metes and
bounds of the subject matter appellants intended to claim.
Accordingly, we shall reverse the rejection of claim 3 under
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