Ex parte HWANG et al. - Page 5




          Appeal No. 1998-1096                                                        
          Application No. 08/415,399                                                  


          language “and spaced from said walls . . . ” in dependent                   
          claim 8, from which claims 9 and 10 further depend.  After                  
          considering Appellants’ response, we agree with Appellants                  
          that no ambiguity or lack of clarity exists in the claim                    
          recitation.  In our view, it is apparent from Appellants’                   
          specification and Figure 5 of the drawing that the intended                 
          reference is to the integrated circuits since the thermal                   
          neutron absorber is included on the inside of the container                 
          walls and not spaced therefrom as are the integrated circuits.              
          From the above discussion, it is our opinion that the skilled               
          artisan, having considered the specification in its entirety,               
          would have no difficulty ascertaining the scope of the                      
          invention recited in dependent claims 8-10.  Therefore, the                 
          rejection of claims 8-10 under the second paragraph of 35                   
          U.S.C.  112 is not sustained.                                              
               We next consider the rejection of claims 5 and 6 under                 
          35 U.S.C.  102(b) as being anticipated by Cannella.                        
          Anticipation is established only when a single prior art                    
          reference discloses, expressly or under the principles of                   
          inherency, each and every element of a claimed invention as                 
          well as disclosing structure which is capable of performing                 
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