Appeal No. 2005-0243
Application No. 10/106,951
rate of any substrate/encapsulation. We disagree. As stated in
our decision (pages 4 and 5), the permeation rate is measured by
observing the change in color of the reactive material. In other
words, the change in the color of the reactive material reflects
the amount of fugitive gas that the reactive material has been
exposed to after the fugitive gas has passed through or permeated
the wall of the substrate. Thus, we decline the appellants’
request to change the affirmance of claims 1 and 23, and claims
3, 4, 6, 7 and 12 which depend from claim 1.
The obviousness rejection of claims 20 through 22 is
reversed because Jung does not cure the noted shortcoming in the
teachings of Moore.
In summary, appellants’ request has been granted to the
extent that we have reversed the anticipation rejection of claims
2 and 15 through 18, and reversed the obviousness rejection of
claims 20 through 22.
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