Appeal No. 1998-0129 Page 12
Application No. 08/438,062
devices were installed on sixty-nine percent of the digital
mobile phones being sold in Japan and that (reply brief, page
12) “[t]oday that number is closer to 100%.”
The examiner asserts (answer, page 10) that the evidence
of commercial success is not commensurate with the scope of
the claims, and that the evidence of commercial success
relates to BST GaAs MMIC chips installed in mobile phones, not
to the claimed invention.
We find that page 1 of Exhibit C of the Araujo
Declaration states that
construction in MMIC is indispensable to realize
further miniaturization. If construction in MMIC
is realized, it will enable:
C Downsizing to 1/50
C Cost reduction to 1/40
C Light weight
We note that integration of the capacitors into MMIC is not
set forth in any of appellants’ claims before us on appeal.
We do, however, note that Exhibit D of the Araujo
Declaration states that “[t]he key to the chip, though, comes
from Symetrix. . . .” We further take note of the fact that
the Araujo Declaration (page 5, paragraph 16) states that the
“Nikkei Shinbun, Japan’s largest newspaper, gave its chip
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007