Ex parte BREARLEY et al. - Page 6



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


            October 31, 1995, and does indicate within its four corners that                          
            the elements recited in questioned dependent claims 18-21 were                            
            then known in the art anyway.  The discussion at columns 1-3 of                           
            this reference indicates that it was known in the art to utilize                          
            titanium, molybdenum or graphite as a material (claim 18) which                           
            was non-wettable by solder thus permitting its release when                               
            heated.  This discussion in the short paragraph bridging columns                          
            7 and 8 indicates that the composition of the solder was known in                         
            the art.  As such, the temperature necessary to permit reflow                             
            operation as set forth in dependent claims 19-21 was a well-known                         
            physical property in the art as well.  Moreover, the examiner’s                           
            reliance upon Kushima indicates as well that all these features                           
            were known in the art as of its patent date of March 6, 1990 with                         
            an effective filing date of June 3, 1988.                                                 
                  When all this is considered in its entirety, we conclude                            
            that the specification as filed has reasonably conveyed to us                             
            that appellants implicitly had possession of the subject matter                           
            of dependent claims 18-21 on appeal when taken from an artisan’s                          
            perspective.  Therefore, we reverse the rejection of claims 18-21                         
            under the written description portion of the first paragraph of                           
            35 U.S.C. § 112.                                                                          
                  We also reverse the rejections of claims 14 and 18-21 under                         

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