Appeal No. 96-4180
Application No. 08/225,138
cert. denied, 117 S.Ct. 80 (1996) citing W. L. Gore & Assocs.,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309
(Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
Appellants argue on pages 8 through 11 of the brief that
Ono, Higgins and Lin, together or individually, fail to teach
or suggest a slug, comprised of a thermally conductive
material where the slug extends below the bottom of the
substrate so as to determine the specific collapse distance of
the solder balls. Appellants have submitted a Declaration to
provide evidence that none of the references recognize that a
thermally conductive standoff can be used to define the height
of the solder link in a ball-grid array package as well as a
statement of the advantages of such an invention. Appellants
further argue that even if all of the claimed elements were
present in the references, the Examiner has not shown that
these references could be properly modified to meet
Appellants' claimed limitation.
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
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