Appeal No. 2005-0999
Application No. 09/939,356
heat sink device for surface mounting to a circuit board wherein
the body of the device consists essentially of aluminum and
comprises at least two mounting lands. The dispute arises over
whether the references describe mechanically fixing solderable
elements to the mounting lands such that it is contiguous with
the bottom surface of the lands. It is appellants’ contention
that the soldering step of Takahashi and the adhesive bonding
step of Pavlovic do not meet the claim requirement of
“mechanically” fixing. Appellants point out that the mechanical
fixing disclosed in the present specification does not include
soldering and adhesive bonding, and the dictionary definition of
“mechanical” pertains to the use of machines or tools. The
examiner, on the other hand, cites Fujine et al., Patel et al.
and Scheuerer et al. as objective evidence that the claim
language “‘mechanically fixed’ is an art recognized term to mean
attaching heat sinks to electrical components by soldering and
adhesives” (page 5 of answer, second paragraph).
It is by now well settled that claim language during ex
parte prosecution is to be given its broadest reasonable
interpretation and that limitations in the specification are not
to be read into the claims. In the present case, appellants do
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