Ex Parte Rastegar et al - Page 7




                Appeal No.  2005-2724                                                                                                               
                Application No. 10/236,005                                                                                                          

                       For the foregoing reasons and those set forth in the Answer, giving due                                                      
                weight to Appellants’ arguments, we determine that the preponderance of                                                             
                evidence weighs in favor of affirming the Examiner’s rejection of claims 1, 2, 5                                                    
                and 10-15.  Accordingly, the Examiner's rejection of these claims under                                                             
                35 U.S.C. §103(a) is affirmed.                                                                                                      
                       Regarding claims 3, the Examiner asserts that “Hershey et al teach that                                                      
                the use of a multi-chip modulating packaging providing the capability to place                                                      
                integrated circuit components or chips in close physical proximity on a                                                             
                substrate, the substrate and components or chips being overlaid with one or                                                         
                more layers (col. 11, lines 30-65). Thus, Hershey et al encompass                                                                   
                embodiments employing film configurations. Addition, Figure 4 above illustrates                                                     
                that the battery 210 is part of the shell structure.”  (Answer, pp. 3-4).  We                                                       
                reverse.                                                                                                                            
                       Claim 3 specifies that the power supply is a film generating material.  We                                                   
                agree with Appellants, Brief page 12, that there is no correlation between the                                                      
                multi-chip packaging arrangement and a power supply in the form of a film as                                                        
                described in claim 3.  Thus, we reverse the rejection of claim 3 and dependant                                                      
                claim 4.                                                                                                                            




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