Ex Parte Nakamura et al - Page 4




              Appeal No. 2003-2113                                                                  Page 4                
              Application No. 09/712,582                                                                                  


                     fluid in another through hole as a result of said removed portions of said partition                 
                     walls;                                                                                               
                            one of a non-porous, straight wire and non-porous, straight wire mesh                         
                     movably positioned within said through hole such that a narrow space is formed                       
                     between an inner wall of said partition wall forming said through hole and a side                    
                     portion of said straight wire and wire mesh so as to cause sufficient capillary                      
                     action.                                                                                              
                     6.     A plate type heat pipe as claimed in claim 3, wherein said wire comprises                     
                     a twisted wire.                                                                                      
                     9.     A plate type heat pipe as claimed in claim 3, wherein a cap portion is                        
                     joined near each of said end portions of said through hole.                                          


                     The claims define the property rights provided by a patent, and thus require                         
              careful scrutiny.   The goal of claim analysis is to identify the boundaries of the                         
              protection sought by the applicant and to understand how the claims relate to and                           
              define what the applicant has indicated is the invention.  USPTO personnel must first                       
              determine the scope of a claim by thoroughly analyzing the language of the claim                            
              before determining if the claim complies with each statutory requirement for                                
              patentability.  See In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523, 1529                            
              (Fed. Cir. 1998).  Thus, before reviewing the rejections under appeal we must first                         
              determine the scope of the claims under appeal.                                                             


                     We understand claim 3 as being drawn to a plate type heat pipe, comprising,                          
              inter alia, (1) an extruded pipe having two ends and having a plurality of through holes                    








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007