Ex Parte Nakamura - Page 2


               Appeal No. 2004-1412                                                                                                   
               Application 09/818,686                                                                                                 

                       said heat radiating plate and said first radiating pattern have a same area whereas said                       
               second heat radiating pattern has a larger area than that of said first radiating pattern or said                      
               radiating plate.                                                                                                       
                       The appealed claims, as represented by claim 1, are drawn to a printed wiring board with                       
               an electronic component mounted on a circuit board in which the electronic component is                                
               provided with a heat radiating plate soldered to a heat radiating pattern under said plate, and on                     
               the opposed side of the circuit board, a second heat radiating pattern to which is soldered heat                       
               radiating means, wherein the areas of the heat radiating plate and the heat radiating pattern to                       
               which the plate is soldered are equal and are smaller than the area of the heat radiating pattern on                   
               the opposed side of the circuit board.                                                                                 
                       The references relied on by the examiner are:                                                                  
               Christopher et al. (Christopher)                6,058,013                             May   2, 2000                   
               Kamioka1                                      04-113695                             Apr. 15, 1992                   
                       (published Japanese Patent Application)                                                                        
                       We cite the following reference applied by the examiner in the final rejection:                                
               Miyagi et al. (Miyagi)                         5,506,755                             Apr.   9, 1996                  
                       In the answer, the examiner has rejected only appealed claims 1 and 15 under 35 U.S.C.                         
               § 103(a) as being unpatentable over Christopher in view of Kamioka (pages 3-4).                                        
                       We consider the grounds of rejection set forth by the examiner in the final action mailed                      
               January 15, 2003, which have been briefed by appellant in the brief (see also reply brief, sentence                    
               bridging pages 3-4), for full consideration of the issues on appeal presented by the record in this                    
               application:2                                                                                                          
               claims 1, 10 through 12, 15 and 20 through 22 are rejected under 35 U.S.C. § 103(a) as being                           
               unpatentable Christopher in view of Kamioka (pages 2-3);3                                                              

                                                                                                                                     
               1  We refer in our decision to the translation of Kamioka filed by appellant on March 19, 2003.                        
               2  See Manual of Patent Examining Procedure (MPEP) § 1208 (8th ed., Rev. 2, May 2004; 1200-                            
               16 – 1200-17) (“Grounds of rejection not argued in the examiner’s answer are usually treated as                        
               having been dropped, but may be considered by the Board if it desires to do so.”).                                     
               3  We observe no difference in the statement of the ground of rejection applied to, inter alia,                        
               claims 1 and 15 over the combined teachings of Christopher and Kamioka in the final action                             
               mailed January 15, 2003, and the rejection of claims 1 and 15 over the same references stated in                       
               the answer.                                                                                                            

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