Ex parte FITCH et al. - Page 7




          Appeal No. 1998-1504                                                        
          Application 08/373,718                                                      


                    Although moot, we make the following comments.                    
          With respect to claim 2, we find that Pitasi does teach the                 
          use of a metalized layer to solder pins to a surface, and that              
          the claim is not limited to a single layer as alleged in the                
          brief at page 10.  Also, we find no basis to limit Lin to a                 
          single heat radiator (brief-page 11), there is no hint as to a              
          single or plural preference in Lin.  However, Lin does express              
          a preference for a thin package (column 2, lines 1-3; column                
          6, line 67 to column 7, line 1) which would be contrary to                  
          using fins which add substantial thickness, and weighs against              
          the Examiner’s combination.  Furthermore, we find difficulty                
          in applying Davidson which is a unitary structure of several                
          heat pipes, making it contrary to the “means for independently              
          attaching” of claim 1.  With regard to means for connecting to              
          a power source being located within the package (brief-page                 
          15), we view solder bumps 26 as meeting such a limitation.                  
          Finally, we find that Pitasi’s control of heat enhancement via              
          pin density (answer-page 4) does not meet the language of                   
          claim 13's “predetermined power distribution of the die to                  
          selectively control the heat gradient of the die.”                          
                    The Federal Circuit states that "[t]he mere fact                  
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