Ex parte TOSIHIRO FUSAYASU et al. - Page 8




          Appeal No. 96-2821                                                          
          Application 08/015,007                                                      
          dielectric constants of 12.0 to 35.0.  (p. 4.)  He claims a lower           
          dielectric constant because lower dielectric constants correlate            
          to higher propagation rates for high-speed semiconductors.                  
          (p. 3.)                                                                     
               20. Matsumoto's package can have a ceramic substrate 1                 
          (i.e., it can be a CERDIP).  He uses glass as an adhesive to the            
          substrate.  (p. 5.)  Glass is also used to encapsulate the                  
          leads 5 on top of the substrate 1.  (p.6.)  Matsumoto uses glass            
          and resin as his adhesive.  (p. 7.)                                         
               21. We find the cited references to be indicative of the               
          level of skill in the art.  See In re GPAC, 57 F.3d 1573, 1579,             
          35 USPQ2d 1116, 1121 (Fed. Cir. 1995).                                      
               22. Applicants's claimed geometry, which surrounded and                
          capped, presents a geometry very different than the geometry                
          disclosed in Iversen.  Iversen indicates that geometry is a                 
          critical factor in determining VSWR.  (3:49-55.)  Thus, the                 
          specific applicability of Iversen's insulator thickness is, at              
          best, unknown.  Iversen's general suggestion that one would                 
          optimize VSWR by adjusting thickness and dielectric constant does           
          not help.  (3:49-55.)  Assuming, arguendo, that this suggestion             
          extends to the claimed geometry, there is no evidence that                  
          optimization would produce the thickness and dielectric constant            
          ranges that Applicants have claimed.  Thus, we cannot find a                

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