Ex parte AOUDE et al. - Page 5




          Appeal No. 1998-1374                                                        
          Application No. 08/466,562                                                  

          informative to reproduce here independent claims 11 and 26                  
          from appellants' earlier filed application.                                 
               Claim 11. A multilayered ceramic package comprising:                   
                                                                                     
               a ceramic substrate; and a copper-based                                
               sintering paste for forming conductive vias and                        
               surface patterns in or on said ceramic substrate,                      
               said paste comprising:                                                 
               powdered copper                                                        
               particles, powdered copper aluminate particles and                     
               organic materials, said copper aluminate                               
               constituting up to 10% by weight of the paste.                         
                                                                                     
               Claim 26. A multilayered ceramic package                               
               comprising:                                                            
               a glass-ceramic substrate; and a                                       
               copper-based sintering paste for forming conductive                    
               vias and surface patterns in or on said glass-                         
               ceramic substrate, said paste comprising, by volume                    
               percent of inorganic solids:                                           
               90 volume                                                              
               percent copper particles, 5-12 volume percent of                       
               glass-ceramic particles, 0.3-1.5 volume percent of                     
               copper aluminate particles, and organic materials.                     
          Thus, by mere inspection, it is apparent that the claims here               
          on appeal are for the very same copper-based pastes claimed in              
          appellants' earlier filed application as part of the                        
          "multilayered ceramic package" in independent claims 11 and 26              
          reproduced above.                                                           
                         THE REJECTION UNDER 35 U.S.C. § 112                          
               The examiner has rejected appellants' claim 3 on the                   
          grounds that the language in claim 3 that the copper aluminate              
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