Appeal No. 2001-1660
Application No. 09/146,478
polymer binder used in the constraining layer is optimized to form a constraining layer having
desired flexibilities and desired volatile escape channels (voids).
The appellants argue that the green tapes of Mikeska are different from those of appellants in
that they include only a small amount of polymeric binder together with high sintering temperature
green tape materials.” See, e.g., the Brief, pages 5-6. This argument fails from the outset because it
is not based on limitations appearing in claims 1 and 16. See In re Self, 671 F.2d 1344, 1348, 213
USPQ 1, 5 (CCPA 1982).
To the extent that the claimed green tape material is interpreted to exclude green tape layers
made of high sintering temperature materials and a low amount of a resin binder as suggested by the
appellants, our conclusion would not be altered. As indicated supra, Mikeska’s invention lies in
using a flexible constraining layer. Although Mikeska exemplifies particular green tape layers made
of high sintering temperature materials, it does not foreclose one of ordinary skill in the art from
using the flexible constraining layer of Mikeska on conventional green tape layers made of low
sintering temperature materials to minimize shrinkage problems. See column 4, lines 14-48 and
column 8, lines 25-33. Also, Mikeska teaches that the green tape layers may contain a resin binder
in an amount greater than 5%, e.g., 20%. See column 9, lines 54-57. Moreover, as found by the
examiner (Answer, page 5), Fukuta teaches that ceramic green sheets made of low sintering
temperature materials suffer from the shrinkage problems mentioned above. See column 5, lines
7
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