Ex Parte FIELD - Page 3




                Appeal No. 1999-1871                                                                                  Page 3                   
                Application No. 08/688,337                                                                                                     

                         The prior art references of record relied upon by the Examiner in rejecting the appealed                              
                claims are:                                                                                                                    
                Holmen et al. (Holmen)4,784,721Nov. 15, 1988                                                                                   
                Higashi et al. (Higashi)                           4,895,616                        Jan.   23, 1990                            
                Fan et al. (Fan)                                   5,364,742                        Nov. 15, 1994                              
                Carlos Horacio Mastrangelo, Dissertation, Thermal Applications of Microbridges, Univ. of Cal.                                  
                at Berkeley 274 (1991) (Mastrangelo).                                                                                          
                         All of the appealed claims stand rejected under 35 U.S.C. § 103(a).  To reject claims 1, 3-                           
                5, 7 and 8, the Examiner relies upon the Prior Art Statement on page 1 of the specification in                                 
                view of Higashi as evidence of obviousness.  With respect to claim 2, the Examiner additionally                                
                relies upon either Mastrangelo or Fan.  To reject claim 6, the Examiner relies upon the Prior Art                              
                Statement, Higashi and, additionally, Holmen.  See the Answer at pages 3-4 for the Examiner’s                                  
                findings of fact and conclusions of law.  Because a preponderance of the evidence supports the                                 
                Examiner’s conclusions of obviousness, we affirm.  Our reasons follow.                                                         


                                                                 OPINION                                                                       
                         Appellant divides the claims into four groups (Brief at 3) and argues these groups                                    
                separately (Brief at 3-6).  The first group consists of claims 1 and 5-7.  The second group consists                           
                of claim 2.  The third group consists of claims 3-4.  The fourth group consists of claim 8.  In                                
                accordance with 37 CFR 1.192(c)(7)(1998), we select one claim from each group to decide the                                    
                issues on appeal with regard to the rejections that Appellant contests.                                                        
                Claims 1 and 5-7                                                                                                               







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