Ex Parte Davis et al - Page 10



         Appeal No. 2005-2558                                                       
         Application No. 10/408,149                                                 
         regard to claims 33 and 43, one skilled in the art would have              
         readily appreciated applying additional conductive adhesive                
         elements while repairing if such was necessary in order to ensure          
         an adequate electrical connection between each lead and contact            
         site.                                                                      
              On page 13 of the reply brief, appellants argue that the              
         examiner’s position represents no more than the examiner’s                 
         personal opinion because the examiner does not support this                
         position by evidence from the prior art.  We are not persuaded by          
         this argument for the following reasons.                                   
              Claims 33 and 43 require that additional conductive adhesive          
         elements are applied before replacing the new component on the             
         substrate and before repositioning the misaligned component to             
         its correct position such that each additional conductive                  
         adhesive element is on each contact pad.                                   
              Appellants are correct that the applied art does not                  
         specifically discuss adding more conductive adhesive elements              
         before replacing or repositioning.  We believe, however, that it           
         is within the purview of one skilled in the art to modify the              
         amount of adhesive needed to ensure sufficient bonding of the              
         parts.  As such, we agree with the examiner’s statement made at            
         the bottom of page 15 of the answer where the examiner states              
         that the point of having an adhesive is to ensure adequate                 
         adhesion, and one skilled in the art would have been motivated to          
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