Ex Parte McCullough - Page 6

               Appeal 2007-3874                                                                            
               Application 10/288,027                                                                      

                      The Examiner concludes it would have been obvious to one of                          
               ordinary skill in this art to, among other things, “employ in [Mahulikar] a                 
               core plate composed of carbon-carbon matrix for the purpose of improving                    
               heat exchange as recognized by Unger.”  Answer 5.  In response to                           
               Appellant’s contentions, the Examiner contends, among other things, “[t]he                  
               claims recite a subcombination, namely a heat sink not in combination with                  
               a heat generating object.”  Id. 6.  In this respect, the Examiner contends                  
               “[a]rguendo, [Mahulikar] (Figure 5 . . .) discloses a heat sink having an                   
               interface surface . . . [in the area below the bottom of bonding pad 66] in                 
               contact with heat generating object 22.”  Id.  The Examiner further contends                
               Mahulikar “discloses a core plate/heat spreader 76 separate from the                        
               semiconductor 22 and is completely surrounded by the plastic main body.”                    
               Id. 7, citing Mahulikar col. 9, ll. 1-4.  The Examiner determines “the device               
               of [Mahulikar] is structurally similar to the claimed invention” because                    
               “[t]he open-ended claims do not preclude the Examiner’s reading of                          
               [Mahulikar] on the present invention.”  Id. 7.  The Examiner contends Unger                 
               is relied on only for the disclosure “heat spreader plate 6 is composed of a                
               carbon-carbon matrix.”  Id. 8.                                                              
                      Appellant contends, as claimed, the “invention is a unitary heat sink                
               that is it self [sic] a free standing structure, which is then applied as an                
               accessory to any heat generating object,” and “does not include an integrated               
               circuit assembly that is formed within the heat structure itself.”  Br. 5; see              
               also 6.  Appellant contends Mahulikar “discusses the placement of a metallic                
               spreader plate relative to a plastic package that also contains an IC device.”              



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