Ex Parte Montgomery et al - Page 4

               Appeal No. 2007-0599                                                                         
               Application No. 10/822,054                                                                   

               located at a position corresponding to an expected relatively hotter spot of a               
               heat source.”  (Emphasis added.)  However, a heat source is not recited as an                
               element of the claim.  For this reason, we interpret the stated location of the              
               impingement point with respect to the heat source to be an intended use of                   
               the claimed apparatus which does not limit the scope of the claim.                           
                      Our interpretation is consistent with the specification which states that             
               “the fluid impingement point P is located such that when the cold plate 20 is                
               coupled to the heat source, the point P is near a relatively hotter spot of the              
               heat source.”  (Id. at ¶ 23.) (Emphasis added.)  The “when” condition is only                
               satisfied when a heat source is attached to the cold plate.  Claim 1 does not                
               require the heat source.                                                                     
                      In addition, our interpretation is supported by claim differentiation                 
               because claim 13 explicitly discloses a “system” which comprises a “cold                     
               plate” and an “electrical component” having a hot spot.  Claim 1 is to the                   
               “cold plate” apparatus, alone.                                                               
                                               PRIOR ART                                                    
                      Doll teaches a cold plate for cooling an electronic component (e.g., a                
               semiconductor chip) which comprises a fluid inlet, a fluid outlet, and a                     
               channel structure (“cooling fins”) comprising radial paths through which a                   
               cooling fluid flows (Answer 3).  The channel structure defines a plurality of                
               radial paths that radiate from an impingement point (id.).                                   
                      Anderson teaches a cooling system for high density integrated circuit                 
               chips (col. 1, ll. 5-10) comprising a condenser structure through which a                    
               coolant flows (col. 2, ll. 33-50).  The coolant fluid flows through a nozzle                 



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