Ex parte BYRNE et al. - Page 5




          Appeal No. 1998-2159                                       Page 5           
          Application No. 08/539,892                                                  


          can be omitted.  Schantz does not teach or suggest using his                
          resistors to effect bonding between the polymer tape and the                
          barrier layer or between the polymer tape and the silicon                   
          substrate.                                                                  


               Takatsu discloses a method of cementing (i.e., bonding)                
          by melting thermoplastic surfaces together.  Takatsu teaches                
          (translation, p. 3) that when cementing objects, the cemented               
          portion must have characteristics (physically and chemically)               
          identical to the materials of the subject to be cemented.                   
          Takatsu also teaches (translation, p. 4) that a heating unit                
          is located in contact with or near the thermoplastic surfaces               
          to be cemented together (see the nichrome wires 5 in Figures                
          1(a), 1(b) and 2(a)).                                                       


               In our view, the only suggestion for modifying Schantz in              
          the manner proposed by the examiner to meet the above-noted                 
          limitation stems from hindsight knowledge derived from the                  
          appellants' own disclosure.  The use of such hindsight                      
          knowledge to support an obviousness rejection under 35 U.S.C.               
          § 103 is, of course, impermissible.  See, for example, W. L.                







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007