Appeal No. 1999-0878
Application 08/182,093
not an insulating material formed on a chip, and element 16 is
a cold plate of a heat sink 12 (col. 3, lines 15-17), not a
chip. The Examiner should be more careful in stating the
rejection since it is the examiner's final rejection that is
being reviewed under 35 U.S.C. § 134, In re Webb,
916 F.2d 1553, 1556, 16 USPQ2d 1433, 1435 (Fed. Cir. 1990),
and it may not be possible to "fix up" a poorly worded final
rejection in the examiner's answer without creating an
impermissible new ground of rejection under the new rules for
examiner's answers. However, we think it is apparent here
that, with reference to figure 8 of Lee, the Examiner intended
chip 18 with contacts 44, 46, and 48 to correspond to the
claimed "at least one chip having at least one connecting
site"; the electrically insulating connector plate 80 to
correspond to the "electrically insulating material"
(claim 14) or the "electrically insulating means" (claim 22);
and the S-shaped copper wires 84 to correspond to the "at
least one electrical connection lead" (claim 14) or the "at
least one electrical connection means" (claim 22).
The differences between Lee and the claimed subject
matter are: (1) the electrically insulating connector
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