Ex parte ECKHARD WOLFGANG et al. - Page 13




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


          layer is provided between the insulating layer ISO4 and the heat            
          elimination means W4" [specification, page 7].  Appellants                  
          proceed to describe the advantages of a direct connection and the           
          elimination of the connecting layers.  Therefore, we interpret              
          the phrase “mounted directly” to require a connection such as               
          shown in appellants’ Figure 4 and which permits no intervening              
          layers.                                                                     
          The examiner’s second theory of anticipation requires                       
          that layers 3, 2, 16, 17 and 1 of Potter all be considered as               
          part of the heat elimination means so that this combination is              
          directly connected to the carbon layer.  The examiner indicates             
          that the five layers of Potter are structurally equivalent to the           
          heat sink W4 of the invention within the meaning of the last                
          paragraph of 35 U.S.C.  112.  We do not agree.                             
          As we noted above, appellants disclose that the very                        
          difference between a direct connection as shown in their Figure 4           
          and the connections of Figures 2 and 3 is that there are no                 


          intervening layers in the direct connection of Figure 4.                    
          Appellants disclose how this direct connection provides better              
          heat transmission resistance characteristics than any of the                
          embodiments which use intervening layers.  In order to find                 

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