Ex Parte Wensel - Page 17


               Appeal No. 2003-1501                                                                                                   
               Application 09/756,929                                                                                                 

               Rigali modified by the teachings of Ito would have been capable of curing plastic encapsulated                         
               electronic packages because Ito does disclose an embodiment in which the substrate is heated to                        
               a temperature of 1000°C.  We find no evidence of record, including the passage from the                                
               specification we set forth above, that plastic encapsulated electronics packages would not be                          
               cured when heated to processing temperatures in the temperature ranges of plasma gas treatment                         
               methods disclosed in Ito.  See generally, Glass, supra;  Ludtke, supra.  Moreover, we find                             
               adequate support for the examiner’s statement of the knowledge generally available to one of                           
               ordinary skill in this art in col. 1 of Ito.                                                                           
                       Accordingly, based on our consideration of the totality of the record before us, we have                       
               weighed the evidence of obviousness found in the combined teachings of Rigali and Ito with                             
               appellant’s countervailing evidence of and argument for nonobviousness and conclude that the                           
               claimed invention encompassed by appealed claims 45, 53 through 57 and 60 through 62                                   
               would have been obvious as a matter of law under 35 U.S.C. § 103(a).                                                   
                       The examiner’s decision is affirmed.                                                                           
                                                            Other Issues                                                              
                       While we have affirmed the decision of the examiner based on the disclosure in Rigali,                         
               we suggest that the examiner consider the following in the event of further prosecution of the                         
               appealed claims.                                                                                                       
                       We referred above to the disclosure in Rigali of the “PX series Plasma Cleaning Systems”                       
               at, e.g., col. 6, lines 14-20 (see pp. 7-8).  In this respect, Rigali states that “certain documents                   
               regularly supplied to purchasers of the PX series Plasma Cleaning Systems” are in the patent file                      
               as Appendices A through E of the specification (col. 6, lines 22-25).  Upon review of these                            
               documents in the Rigali file, it appears to us that the disclosure therein reasonably pertains to the                  
               appealed claims.                                                                                                       









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