Ex Parte VIGNA et al - Page 3




              Appeal No. 2001-0684                                                                                      
              Application No. 09/205,668                                                                                


                     Claims 6 and 11 are rejected under 35 U.S.C. § 112, second paragraph, as                           
              being indefinite for failing to particularly point out and distinctly claim the subject matter            
              which appellants regard as the invention.  Claims 1-5, 7-10, 12, 13, and 23-27 stand                      
              rejected under 35 U.S.C. § 103 as being unpatentable over Wollesen in view of                             
              Chittipeddi.                                                                                              
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              appellants regarding the above-noted rejections, we make reference to the examiner's                      
              answer (Paper No. 14, mailed Oct. 24, 2000) for the examiner's reasoning in support of                    
              the rejections, and to appellants’ brief (Paper No.13, filed Oct. 4, 2000) and reply brief                
              (Paper No. 15, filed Dec. 28, 2000) for appellants’ arguments thereagainst.                               
                                                       OPINION                                                          
                     In reaching our decision in this appeal, we have given careful consideration to                    
              appellants’ specification and claims, to the applied prior art references, and to the                     
              respective positions articulated by appellants and the examiner.  As a consequence of                     
              our review, we make the determinations which follow.                                                      
                                     35 U.S.C. § 112, SECOND PARAGRAPH                                                  
                     With respect to claim 6, the examiner maintains that it is unclear how claim 1                     
              shows the peripheral region as being connected to the pad and claim 6 states that the                     
              peripheral region is floating.  Appellants argue that the language of claim 6 is clear in                 
              view of the disclosed invention wherein there may be a connection/contact and still be                    

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