Ex Parte Sett et al - Page 5



                Appeal 2007-1055                                                                               
                Application 10/831,012                                                                         

                comparison between values within the claimed ranges for separation                             
                distance and thickness and values that would have been used by one of                          
                ordinary skill in the art in devices of the type disclosed by Fathy.  Hence,                   
                Appellants have not established with objective evidence that the claimed                       
                distance between adjacent transmission lines and thickness for the thermally                   
                conductive element are critical parameters with respect to providing                           
                unexpected results.                                                                            
                      We note that figure 6 of Fathy also depicts a thermally conductive                       
                element (606) and an array of electrical transmission lines (616) separated                    
                from substrate (602) by a dielectric material (604).  Appellants maintain that                 
                element (610) of Fathy is not described as being thermally conductive.                         
                Appellants submit that Fathy merely teaches that element (606) is a ground                     
                plane.  However, Gotro evidences that it was known in the art that such                        
                power ground planes are used to dissipate heat from electronic components                      
                (see ¶ 0009).  Hence, we agree with the Examiner that element (606) of                         
                Fathy qualifies as a thermally conductive element that dissipates heat to at                   
                least the unspecified degree claimed.                                                          
                      Appellants also contend that transmission lines (616) of Fathy “are                      
                embedded in the layer 604, and so are not separated from layer 602 by a                        
                dielectric layer as required by the claims” (Reply Br. 8, third para.).                        
                However, although transmission lines (616) are embedded in dielectric                          
                layer (604), the fact remains that lines (616) are separated from substrate                    
                (602) by the dielectric (604) into which they are embedded.                                    

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