Appeal No. 98-1230
Application 08/316,753
With the exception of the dielectric layer “having no
surface variations greater than 1000 Angstroms,” all of the
limitations of claim 1 read on the hermetically sealed
capacitive pressure sensor disclosed by Mikkor. According to
the examiner (Answer, page 4) this limitation was not
considered because “[t]he presence of process limitations in
product claims, which product does not otherwise patentably
distinguish over prior art, cannot impart patentability to
that product.”
The examiner has reached an erroneous position because
the questioned limitation in claim 1 recites a feature of the
dielectric layer, and it is not a process limitation. The
disclosure makes clear that a smooth surface on the dielectric
layer “allows anodic bonding to be done at lower temperatures
with lower applied voltages, resulting in reduced residual
stresses in the composite structure to achieve the required
hermetic seal” (specification, page 9).
Although Mikkor uses anodic bonding to create a hermetic
seal, we do not know whether the dielectric layer has a smooth
enough surface to meet the claimed surface variations. In the
3
Page: Previous 1 2 3 4 5 Next
Last modified: November 3, 2007