Appeal No. 2001-1889
Application No. 09/222,453
Instant claim 10 appears to be drafted in extremely broad terms. However, the
claim does require “a glass window” and “a metal window frame glued to said glass
window.” The claim thus requires (1) a glass window, (2) a metal window frame, and
(inherently) (3) an adhesive attaching the metal window frame and the glass window.
The rejection asserts (Answer at 5 and 10) that the “window frame” reads on
element 146, as shown in Figure 9, and is attached to substrate 46 (Fig. 6). According
to the reference, base 46 is made of a molded ceramic material. Poradish at col. 6, ll.
5-6. However, element 146 (Fig. 9) is not any form of “metal window,” but is an
alternative base which lacks the cavity 48 (Figs. 1 and 5-7) in which chip 12 resides in
first base 46. Alternative base 146 may be paired with a different cover 142 (Fig. 8).
Col. 6, ll. 14-30.
Of the five techniques that the reference describes for affixing a cover to a base
(cols. 8 and 9), the second (col. 8, l. 66 - col. 9, l. 16) uses a soft metal for affixing a
cover to seal ring 70 on base 46 (Fig. 1). The fifth (col. 9, ll. 40-56) uses a solder
preform 100 (Fig. 6) that is melted, in combination with solder-wettable metallic coating
102 and 104. However, none of the techniques describe providing a “metal window
frame” or a “window frame.” A “frame” in the instant context denotes a separate
supportive structure, rather than a substance that functions as an adhesive. See
Webster’s Ninth New Collegiate Dictionary at 489 (1990), noun def’n 3a (“an open case
or structure made for admitting, enclosing, or supporting something <a window ~>”).
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