Ex parte BREARLEY et al. - Page 5



            Appeal No. 1999-2403                                                                      
            Application 08/576,185                                                                    


            solder balls upon the receiving structure.  This is essentially                           
            set forth in lines 1-13 of the originally filed claim 11, which                           
            amounts to the preamble of this Jepson-type claim, thus impliedly                         
            admitting that such structures within this portion of the                                 
            preamble were admitted prior art.                                                         
                  The paragraph bridging pages 1 and 2 of the specification as                        
            filed details known problems in the prior art with the prior art                          
            depositor devices indicating that after the reflow operation has                          
            been performed there was no true solder ball shape achieved                               
            because there remains thereon an impression of the depositor                              
            structure.  This assessment is essentially duplicated in the                              
            first paragraph, lines 1-22, at page 8 of the specification has                           
            filed.                                                                                    
                  We reverse the rejection because there is ample evidence in                         
            the specification and claims as filed that depositor structures                           
            subject to releasing solder at reflow temperatures were                                   
            essentially known in the art and relied upon by the appellants in                         
            their approach to disclosing the presently claimed invention.                             
            Appellants’ reliance upon Aulicino in the amendatory material at                          
            page 10 of the specification as filed is not regarded as being an                         
            introduction of new matter.  This reference itself is prior art                           
            to the presently filed application because of its filing date of                          

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