Ex parte COSTELLO et al. - Page 7




          Appeal No. 95-0638                                                          
          Application 08/011,094                                                      


          metal support has a copper layer with a thickness of 1.5 mm, and            
          the composite metal plate has a copper layer of 0.2 mm [column 4,           
          lines 22 and 44].  Freedman discloses a thermoelectric module               
          which has a metallized ceramic 18 covered on both sides by a                
          brazed sheet of copper [column 2, lines 53-63].  Freedman offers            
          no indication of the dimensions of the various layers used in his           
          device.                                                                     
          Each of the examiner’s rejections basically uses the same                   
          rationale for obviousness.  Specifically, the examiner relies on            
          any one of the secondary references to teach the placement of               
          copper layers on both sides of a ceramic substrate.  The examiner           
          asserts that the claimed recitation of the copper layers having a           
          thickness between 0.5 and 7 mils would have been an obvious                 
          design variation to the artisan.                                            
          Appellants present similar arguments in response to each                    
          of the rejections made by the examiner.  Specifically, appellants           
          argue that none of the applied references teaches each copper               
          layer of the device having a thickness in the range of 0.5 to 7             
          mils.  Appellants argue that this particular range of thicknesses           
          is critical to the invention and gives the invention its superior           
          properties.  It is noted that the thickness in Kurihara ’733                
          translates to 3,937 mils, while the thickness in Kurihara ’899              

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