Ex parte GAINEY et al. - Page 5




          Appeal No. 1997-3155                                                        
          Application No. 08/424,828                                                  
          supporting an intermediate portion of a continuous wire that                
          spans the distance between a die and a lead finger is                       
          appellants’ disclosed and claimed invention.  Appellants’                   
          teachings are not available to the examiner to fashion an                   
          obviousness rejection of the claims on appeal.                              
               In summary, we are of the opinion that the appellants’                 
          position is more persuasive than the examiner’s position                    
          because Aoki clearly teaches away from the claimed invention.               




                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through                
          12 and 18 through 28 under 35 U.S.C. § 103 is reversed.                     
                                      REVERSED                                        


          James D. Thomas                 )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Kenneth W. Hairston             ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Anita Pellman Gross                )                                   
                         Administrative Patent Judge     )                            
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