Ex Parte Paek - Page 5



           Appeal No. 2006-0450                                                  Παγε 5                                
           Application No. 10/044,141                                                                                  

           substantially parallel relation to the second surface and                                                   
           laterally offset outwardly relative to the first surface”                                                   
           (emphasis and under lining original), as recited in claim 1.  The                                           
           examiner responds (answer, page 16) that this limitation is met,                                            
           as shown in the diagram provided on page 16 of the answer, since                                            
           first surface A is facing downward and surface B is facing                                                  
           upward.  The examiner adds that the limitation is met because A                                             
           and B are on opposite sides of an imaginary center line, and that                                           
           “[a]s such, it is not clear how C, which is laterally offset from                                           
           A and, like A, is facing downward (or, like A is on the opposite                                            
           side of the imaginary center line), is not opposed to B.”                                                   
                 Figure 5 of Chun-Jen reveals that the top surface of finger                                           
           322 of lead 320, relied upon by the examiner to show the claimed                                            
           second planar surface, is longitudinally offset to the right of                                             
           the lower surface of the lead 320, relied upon by the examiner as                                           
           the third planar surface.  Thus, the issue arises as to what is                                             
           needed to meet the term “opposed” as it appears in claim 1.  From                                           
           our review of the specification, we find that although the term                                             
           is used in the description of the invention, there is no specific                                           
           definition for the term “opposed.”  Thus, the term should be                                                
           construed as it would have been understood by an artisan.  "The                                             
           general rule is, of course, that terms in the claim are to be given their ordinary and                      













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