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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