Ex parte ECKHARD WOLFGANG et al. - Page 11




          Appeal No. 95-0543                                                          
          Application 08/008,734                                                      


          defined.  At the scope defined by the recitation of claim 3, any            
          pressure sintered connection of Potter would meet the language of           
          the claim.  We also agree with the examiner that even if                    
          appellants had set forth specific values of pressure and                    
          temperature in the claim, the burden would still be on appellants           
          to demonstrate that such values of pressure and temperature do,             
          in fact, result in a connection which is structurally different             
          from the connection of Potter.  The claim is directed to an                 
          article of manufacture, and the method by which the article is              
          made cannot, per se, be used to assert novelty of the article.              
          Thus, the invention of claim 3 is fully met by the                          
          disclosure of Potter.  Since Potter anticipates the invention of            



          claim 3, it must necessarily also render the invention of claim 3           
          obvious.  Therefore, we sustain the rejection of claim 3 under 35           
          U.S.C.  102(b) or under  103.                                             
          We now consider the rejection of claim 8 under 35 U.S.C.                    
           102(b) as being anticipated by the disclosure of Potter.  The             
          examiner notes that the diamond layer of Potter is mounted                  
          directly on the copper heat sink through a possible intervening             
          layer as in appellants’ first and second embodiments, or that the           

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