Appeal No. 2003-2014
Application No. 09/757,185
OTHER ISSUES
We observe that appealed dependent claim 28 recites “the
heat sink comprises a material selected from the group consisting
of anodized aluminum and chromated aluminum.” While page 2 of
the subject specification indicates that aluminum is frequently
used as a heat sink material, we do not find written description
support in the specification disclosure for the claim 28
requirement that the aluminum be anodized or chromated. In this
regard, it is appropriate to emphasize that we reviewed the
appellants’ amendment filed October 16, 2002 (i.e., paper no. 4),
which first submitted this claimed subject matter, but find
therein no identification of written description support for the
subject matter in question.
As a consequence, the examiner and the appellants should
consider whether the above-described subject matter of appealed
dependent claim 28 complies with the written description
requirement set forth in the first paragraph of 35 U.S.C. § 112.
If not in compliance, claim 28 should be rejected by the examiner
under the first paragraph of § 112 or should be modified by the
appellants (i.e., amended or canceled) so as to eliminate the
non-compliant subject matter.
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