Ex Parte Malone et al - Page 5



          Appeal No. 2005-2711                                                         
          Application No. 10/028,015                                                   

               We agree with the Examiner’s position that Guzuk provides               
          for a portion of the metallization layer 114 to be left uncovered            
          by upper portion 104/102 of the package and remains visible from             
          the corners of the upper portion.  See Figures 1 and 4a of Guzuk.            
          In particular, we find appellants’ argument (reply brief, page 3)            
          that the claimed orientation relates only to the orientation of              
          the package with respect to the electrical connections to be                 
          overreaching.  The visible metallization in claim 1 is recited to            
          be for “indicating an orientation of said substrate” which                   
          relates, not only to the electrical connection, but the general              
          orientation of the package substrate.  Therefore, as stated by               
          the Examiner (answer, page 6), to the extent that the visible                
          portion of metallization layer in the prior art performs the                 
          recited intended use, the claimed function of “indicating an                 
          orientation of said substrate” reads on the structure disclosed              
          by Guzuk.                                                                    
               Although the Examiner’s characterization of the orientation             
          of the substrate appears to be different from the orientation                
          argued by Appellants, the claims do not require the orientation              
          of the package be related to only electrical connections.  The               
          specification also refers to “orientation of the package” without            

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