Ex Parte KONDO et al - Page 7




            Appeal No. 2002-0376                                                                              
            Application No. 09/072,137                                                                        


            citations for the statement of the rejection and adds minor discussion that the standard          
            value of density associated with compaction is determined by design constraints and               
            design rules.  While we agree that a standard value would be so based, the prior art              
            applied by the examiner and the specific portions thereof cited in the statement of the           
            rejection do not teach the use thereof as the control criterion for a compaction process.         
            Therefore, we cannot sustain the rejection of independent claim 12 over Lee, Boyle,               
            Kamdar, Edwards, Kawakami or Greidinger.                                                          
                                               35 U.S.C. § 103                                                
                   With respect to dependent claims 2-6, 8, 10 and 11, we find that the examiner’s            
            reliance upon Official Notice of various details of the claimed invention does not remedy         
            the deficiency in the base references, nor has the examiner relied upon any suggestion            
            or motivation in the base teachings to suggest the use of a standard value of element             
            density as a control criterion in a compaction process.  Therefore, we cannot sustain             
            the rejection of dependent claims 2-6, 8, 10 and 11 under 35 USC § 103 over Lee,                  
            Kawakami or Greidinger in view of Official Notice.                                                










                                                      7                                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007