Ex parte MIKI - Page 4







              Appeal No. 1999-1463                                                                                        
              Application 08/467,052                                                                                      



              mounting region would be "substantially" equal to that of the bottom surface of the Peltier                 
              element TEC when the showings in Figures 1, 2, 6 and 7 are taken in combination.  We                        
              also agree with the examiner’s view that the entire periphery of the Peltier effect element                 
              TEC in the noted figures of Kluitmans would be raised with respect to the metal casing.                     
                     On the other hand, claim 1 recites a functional feature "such that extra solder                      
              squeezed out from under the Peltier effect device during the soldering will flow away from                  
              the Peltier effect device instead of up onto the device."  Both the statement of the rejection              
              portion and the responsive arguments portion of the answer has not addressed this                           
              functional feature.  Corresponding arguments of appellant at page 12 of the principal brief                 
              and page A3 of the reply brief persuade us that the requirements of this quoted clause                      
              would not have been met by the combination of teachings and suggestions of Kluitmans                        
              and Herbst.  The region of the Peltier effect device TEC near the vertical portion of the L-                
              shaped cooling plate CP in the various figures of Kluitmans would have caused any solder                    
              that may have been squeezed out from under the Peltier effect device during the soldering                   
              operation, as quoted above, to congregate in that end region and tend to flow upwardly                      
              onto the top surface of the lower portion P  of the Peltier device TEC.  The solder in this                 
                                                           1                                                              
              region or end portion of the Peltier device TEC would well up or wick up because of its                     


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