Ex parte SUPPELSA et al. - Page 3




               Appeal No. 1998-3045                                                                                               
               Application 08/612,693                                                                                             

                              an RF shield attached to the top side, the RF shield covering at least a                            
               portion of the circuit pattern;                                                                                    
                              a trim pad on the bottom side, electrically connected to the circuit pattern, the                   
               trim pad located directly below the RF shield;                                                                     
                              a plurality of surface mount connections on the bottom side, each comprising                        
               a C5 solder bump, at least one of the plurality of surface mount connections electrically                          
               connected to the circuit pattern on the top side; and                                                              
                              at least a portion of the plurality of surface mount connections surrounding                        
               the trim pad.                                                                                                      
                                                            Opinion                                                               

                      The rejection of claims 1-15 is reversed.                                                                   
                      A reversal of the rejection on appeal should not be construed as an affirmative                             
               indication that the appellants’ claims are patentable over prior art.  We address only the                         
               positions and rationale as set forth by the examiner and on which the examiner’s rejection                         
               of the claims on appeal is based.                                                                                  
                      The examiner states:  “As admitted by Applicants, the disclosed prior art shows the                         
               claimed structure having all of the features claimed except for the claimed location of the                        
               trim pad.”  The so called “disclosed prior art” apparently refers to the appellants’ own                           
               disclosed prior art which is a part of the stated ground of rejection, i.e., page 1, line 10 to                    
               page 2, line 15, and page 3, lines 17-24 and 29-31.  We have read the cited portions of                            
               the specification and can find no such admission from the appellants.  It is one thing to say                      
               that the appellants have admitted that certain elements were known in the art, which                               


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