Ex Parte Deeney - Page 4




            Appeal No. 2003-2174                                                                              
            Application No. 09/915,071                                                                        
            arguments are of record in this appeal.  Note In re King, 801 F.2d 1324, 1325, 231 USPQ           
            136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217 USPQ 1, 3 (Fed. Cir.            
            1983); 37 CFR § 1.192(c)(7)(2001).                                                                
                                                 DISCUSSION                                                   
                   We have carefully reviewed the claims, specification and applied prior art, including      
            all of the arguments advanced by both the Examiner and Appellant in support of their              
            respective positions.  This review leads us to conclude that the Examiner’s rejection of          
            claims 1 to 7 under § 102(b) is well founded.  We also conclude that the rejection of claims      
            8 to 13 under § 103(a) is well founded.                                                           
            The rejection under § 102                                                                         
                   The Examiner has found that Torres discloses a semiconductor die that anticipates the      
            subject matter of claims 1 to 7.  (Answer, pp. 4-8).  We affirm primarily for the reasons         
            advanced by the Examiner and add the following primarily for emphasis.                            
                   Appellant argues that Torres does not teach “an active surface. . . comprising at least    
            one active circuit element that dissipates heat during operation.”  (Brief, p. 7).  We agree      
            with the Examiner, Answer pages 11-12, that Torres discloses an active surface that               
            implements application logic.  The Examiner asserts that the active circuit element of Torres     
            dissipates heat during operation.  Appellant has not presented arguments or evidence to the       
            contrary in supplemental briefing.                                                                


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