Appeal No. 2005-0918 Page 3
Application No. 09/785,423
whether the tape carrier package is a package film.[1] Hashimoto '964 is cited
merely as an example that it is old and conventional to make tape carrier
packages from package film. Therefore, it would have been obvious to one of
ordinary skill in the art at the time the invention was made to make the tape
carrier package of Honda '370 from package film as taught by Hashimoto '964,
since it has been held to be within the general skill of a worker in the art to select
a known material on the basis of its suitability for the intended use as a matter of
obvious design choice. ln re Leshin, 125 USPQ 416.
. . .
The punching holes (34b') of Honda '370 will inherently reduce connection
between the tape carrier package pad and the peripheral part and will inherently
assist in separation of the tape carrier package pad from the peripheral part.
The appellants' arguments against this rejection are set forth in the brief (filed
July 29, 2004) and reply brief (filed October 18, 2004). The examiner's response to
those arguments are set forth in the answer.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. Upon evaluation of
all the evidence before us, it is our conclusion that the evidence adduced by the
1The examiner appears to have made contradictory findings. First, the examiner
found that Honda "discloses a tape carrier package film." Thereafter, the examiner
found that Honda "is silent about whether the tape carrier package is a package film."
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