Appeal No. 2004-1412
Application 09/818,686
of the plate and the first heat radiating pattern on the opposed side of the circuit board. The
transitional term “comprising” opens the appealed claims to encompass printed wiring boards
that have structure, such as additional heat radiating structure, in addition to that recited. See,
e.g., Vehicular Technologies Corp. v. Titan Wheel Int’l Inc., 212 F.3d 1377, 1383, 54 USPQ2d
1841, 1845 (Fed. Cir. 2000)In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA
1981) (“As long as one of the monomers in the reaction is propylene, any other monomer may be
present, because the term ‘comprises’ permits the inclusion of other steps, elements, or
materials.”).
We find that one of ordinary skill in this art would have found in the disclosure of
Christopher at col. 4, lines 22-38, and Christopher FIG. 2, that the thermally conductive path
includes, in order, an unnumbered heat-radiating plate under each of the heat-generating
components 119 and 225; respective first heat radiating pattern solder layers 203 and 227;
respective metalized vias 205 and 229; and the respective second heat radiating pattern solder
layers 203 and 227, to reach the heat radiating means having respective surfaces 113'' and 223
mounted on respective second heat radiating pattern solder layers 203 and 227, as shown by
Christopher FIG. 2 (cols. 3-4).
We agree with the examiner that the printed wiring board shown in Christopher FIG. 2
differs from the claimed printed wiring board encompassed by the appealed claims in that the
second heat radiating pattern layers 121 and 121' do not have a larger area than the first heat
radiating pattern layers 203 and 227 (answer, page 3; see also brief, page 7). We also agree with
appellant that “as shown in Fig. 2 of [Christopher], a heat radiating plate (not numbered) of
[Christopher] is mounted under the electronic components 119 and 225 and has an area smaller
than those of radiating patterns 203, 227, 121 and 121'” (reply brief, page 3).
However, we find in these respects that there are no dimensions disclosed by Christopher
for the heat radiating plate, or for the first and second heat radiating pattern layers. We determine
that, prima facie, one of ordinary skill in this art armed with the common knowledge that the area
of a metal layer is a result effective variable with respect to heat radiation, as seen, for example,
from the disclosure in Christopher with respect to metal plate 278 (col. 4, lines 61-64), would
have found in the absence of a disclosure of dimensions for the elements of the thermally
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