Ex Parte BERG et al - Page 5




          Appeal No. 2001-1572                                                        
          Application 08/939,569                                                      


          decision.  Arguments which appellants could have made but chose             
          not to make in the brief have not been considered and are deemed            
          to be waived by appellants [see 37 CFR § 1.192(a)].                         
          With respect to each of the independent claims on appeal,                   
          the examiner finds that Scholz teaches the claimed invention                
          except for the specific thickness of the substrate.  The examiner           
          finds that it would have been obvious to modify the substrate of            
          Scholz by employing a thickness less than 0.050 inches because it           
          would only have involved a change in size [answer, pages 3-4].              
          Appellants argue that Scholz relates to a rigid circuit                     
          board with plated-through holes rather than a flexible substrate            
          as claimed.  Appellants note that the interface created between             
          a rigid circuit board and a pin is substantially different from             
          that of a flexible circuit and a pin and requires the                       
          consideration of completely different technologies.  Appellants             
          argue that the rigid circuit structure of Scholz does not support           
          the examiner’s findings with respect to the claimed flexible                
          circuit structure [brief, pages 5-9].                                       







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