Ex parte MIKI - Page 2







              Appeal No. 1999-1463                                                                                        
              Application 08/467,052                                                                                      



                     a Peltier effect element mounted on an inner surface of said metal casing by                         
              soldering;                                                                                                  
                     said metal casing having a Peltier effect element mounting region in the inner                       
              surface of said metal casing on which said Peltier effect element is mounted, the area of                   
              said Peltier effect element mounting region being substantially equal to that of the bottom                 
              surface of said Peltier effect element;                                                                     
                     wherein an entire periphery of said Peltier effect element mounting region is raised                 
              with respect to a region of said metal casing adjacent to said Peltier effect element                       
              mounting region such that extra solder squeezed out from under the Peltier effect device                    
              during the soldering will flow away from the Peltier effect device instead of up onto the                   
              device.                                                                                                     
                     The following references are relied on by the examiner:                                              
              Kluitmans et al. (Kluitmans)        5,005,178                   Apr.   2, 1991                              
              Greve et al. (Greve)                5,031,184                   July   9, 1991                              
              Herbst, II (Herbst)                        5,457,342                    Oct. 10, 1995                       
                                                                       (filing date Mar. 30, 1994)                        
                     Claims 1-4 stand rejected under 35 U.S.C. § 103.  Although the answer indicates                      
              that claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103 as being obvious over the                       
              combination of Kluitmans in view of Herbst, the final rejection from which this appeal was                  
              taken clearly indicates that the examiner has rejected claims 1, 3 and 4 on the basis of this               
              combination of references.  We agree with the assessment of this as set forth in the brief                  
              and reply brief.  Correspondingly, the answer indicates that claim 3 is rejected in light of                
              the combination of teachings of Kluitmans in view of Greve.  The final rejection indicates                  

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