Appeal No. 1998-3003 Page 9
Application No. 08/589,621
Claim 1
The examiner determined (first Office action, p. 3) that
claim 1 was anticipated since
[t]he patent to Fuentes shows a fishing lure with a case
11 with a miniaturized IC printed circuit 27 fitted in
the case, a battery compartment 25 with replaceable
battery means 20, an oscillator means 47, 48 and means
22, 23 for electrically connecting the oscillator means
to the printed circuit.
The appellants argue (brief, p. 5) that Fuentes does not
disclose "a miniaturized printed circuit board with a printed
circuit on the circuit board."
The examiner responded (answer, p. 4) to the appellants'
argument stating that "Fuentes shows a circuit board that can
be interpreted to be miniaturized by noting the size of the
hearing aid batteries in Fig. 2 and the size of the circuit
board (also shown in Fig. 2)."
A review of Fuentes reveals, at column 5 lines 23-28,
that the electronic circuit mounting board 27 shown in Figure
2 "may comprise a PC board" to which is mounted the various
electronic components of the circuitry. In our view, one of
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