Appeal No. 1999-0884
Application No. 08/464,577
frame type of device, in which the heat sink is formed by
punching from a single sheet material, and is therefore
completely different from the film carrier TAB type of device.
Appellants therefore conclude that the combination proposed by
the Examiner would not have resulted in the claimed invention.
Further, Appellants assert, even assuming the combination of
Sugano and Kitano teaches every element of the claimed
invention, the person having ordinary skill in the art would
not have found it obvious to make the combination advanced by
the Examiner.
In the answer, the Examiner admits that Sugano does not
teach etching a heat sink, but asserts that Kitano teaches a
process comprising the steps of forming a metallic layer to
form
leads and a heat sink, as claimed in claim 6. The Examiner
offers evidence to show that the process of Kitano is a "one-
layer TAB tape."
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim." In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
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