Ex parte WIELOCH - Page 5




          Appeal No. 96-3357                                                          
          Application 08/292,491                                                      


          Examiner under 35 U.S.C. § 102 over Kuo or Brown.  [Answer,                 
          page 3].  We have likewise reviewed Appellant’s argument                    
          regarding each of these applied references.  [Brief, pages 10               
          to 14].  We now consider the rejection of claim 1.  The                     
          Examiner, on page 3 of the answer, states: “Concerning claim 1              
          ... and Kuo et al [sic], first layer 22, 24, 32, etc [sic]                  
          with pad 38 and a bottom `area’ for spreader 18 is shown.  The              
          second layer reads on any of the upper 32 layers which are                  
          shorter and expose the package through the central opening.”                
          The Examiner in his interpretation of the claim has ignored                 
          the term “surface mount package” in the preamble of the claim.              
          This would have been justified if this term or its resultant                
          were not incorporated in the body of the claim.  But, here, we              
          agree with Appellant in that the invention is dedicated to the              
          efficient surface mounting of an electronic device on a                     
          circuit board to accomplish maximum heat transfer without the               
          need for additional hardware as is required by the prior art.               
          [Brief, pages 11 and 12].  A surface mounted device or package              
          is defined as “a device, the entire body of which projects in               
          front of the mounting surface.”  The IEEE Standard Dictionary               
          of Electrical & Electronic Terms, Sixth Edition, published by               
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