Appeal No. 1998-0908
Application No. 08/506,292
initial burden of presenting evidence or reasons why persons
skilled in the art would not recognize in an Applicants'
disclosure a description of the invention defined by the claims.
Wertheim, 541 F.2d at 265, 191 USPQ at 98. After reviewing the
arguments of record before us, however, it is our opinion that
the Examiner has not provided sufficient reasons or evidence to
satisfy such burden.
The Examiner asserts (Answer, page 9) a lack of support in
Appellants’ original disclosure for the passage “. . . the
compliant interconnect media being a contiguous film of
dielectric material” in the last three lines of independent claim
57. In the Examiner’s view, the textual matter in the
specification does not support such claim language and the
illustration in Figure 1 is inconclusive since views of other
cross-sections of the interconnect material might reveal a series
of discontinuities. Our review, however, of the description of
the structure of Appellants’ compliant interconnect at page 9 of
the specification, along with a consideration of Figure 1 of the
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