Appeal No. 1998-0908
Application No. 08/506,292
1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert. dismissed,
468 U.S. 1228 (1984); W.L. Gore & Assocs. v. Garlock, Inc.,
721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984).
With respect to the reliance on King '241 as the basis for
the 35 U.S.C. § 102(e) rejection, the Examiner attempts (Answer,
page 5) to read the various limitations of the appealed claims
on the disclosure of King '241. In the Examiner’s view, the
testing arrangement of King '241, which includes product wafer
12, compliant interconnect 13, 16, and test wafer 20, meets all
of the fundamental limitations of the claims on appeal.
Similarly, with respect to King '405, the Examiner makes
particular reference to the description beginning at column 5,
line 65 of the embodiment illustrated in Figures 8-11. According
to the Examiner, this embodiment of King '405 discloses opposing
product and test wafers mounted across an elastomer interconnect
as claimed by Appellants.
After reviewing the King '241 and King '405 references,
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