Ex Parte Butler - Page 3



              Appeal 2007-0053                                                                                           
              Application 10/225,829                                                                                     

                                   11.  The temporary component-carrier tape of                                          
                            claim 10, wherein the bottom cover layer includes at least                                   
                            one weakened feature positionable between adjacent                                           
                            apertures of the plurality of apertures.                                                     

                                                  THE REJECTION                                                          
                     The Examiner relies upon the following as evidence of unpatentability:                              
                      Bird                        US 5,857,572                   Jan. 12, 1999                           
                      Yanagisawa                  US 6,744,120 B1                Jun. 01, 2004                           
                                                                                (Nov. 8, 2000)                           
                     Claims 1-7, 9-15, 17-24, 27-30, 32-34, 36-45, 47, 48, 50-54, 56, 58-72,                             
              74-80, and 82-84 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                             
              over Bird and Yanagisawa.                                                                                  

                                                        ISSUE                                                            
                     Appellant contends the Examiner erred in finding that one of ordinary skill                         
              in the art would have been motivated to modify the foam carrier tape of Bird with                          
              the low-bending-resistance portions taught in Yanagisawa (Br. 7-8).  Appellant                             
              further contends that the Examiner erred in finding that the combination of Bird                           
              and Yanagisawa teaches or suggests a bottom or second cover layer of a carrier                             
              tape having at least one weakened feature therein, as recited in dependent claims                          
              11, 34, 51, 52, and 76 (Br. 8-9).  The Examiner determined it would have been                              
              obvious to one having ordinary skill in the art at the time the invention was made                         
              to provide the tape of Bird with weakened features, including apertures through the                        

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