Appeal No. 2001-0106
Application 08/855,811
…neither Pluddeman [sic] nor Hahn et al teach or suggest a coupling agent
interposed between a conductive adhesive and a substrate.
The Examiner on the other hand states on page 5, lines 6-12 of the Examiner’s
Answer, that:
Regarding both of the foregoing art rejections, the (conventional) polymeric
materials disclosed in/employed by the three applied references are held/seen to
(a) encompass within their scope and definition filled and/or conductive polymers
i.e. those polymeric materials composed of a known base resin in conjunction
with an (e.g. carbon, metal etc., conductive) filler; and (b) possess adhesive
properties/functionality/capability in at least some instances.
After a searching review of Thomson, Pleuddemann, and Hahn, we are
constrained to agree with the Appellants’ interpretation of the references. First, we are
unable to discern any teaching of an electrically conductive adhesive within the four
corners of the Thomson document. Second, we cannot find a layer of coupling agent
between an electrically conductive adhesive and a metal substrate in either
Pleuddemann or Hahn. Although the scope of the Thomson, Pleuddemann and Hahn
reference may indeed be generic to a conductive adhesive (“any polymer”, Thomson,
Col. 1, lines 18-19; “epoxy resins”, Pleuddemann, Col. 3, lines 18-19; and “numerous
polymeric systems” Hahn Col. 3, line 48), that is simply not an express or implied
disclosure of a conductive adhesive. It appears that Hahn even suggests the opposite -
that the polymers be used as “insulating and planarization layers for multilayer
electronic devices” (Column 3, lines 57-58).
Anticipation under 35 U.S.C. Section 102(e) requires that "each and every
element as set forth in the claim is found, either expressly or inherently described, in a
single prior art reference." Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987). As this standard has not been met for the §102
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