Appeal No. 2006-1352
Application 10/250,683
find that Mine would have disclosed to one of ordinary skill in this art that silicone polymers,
such as silicone oils and silicone resins, are used in compositions containing heat conducting
metal powders which can be used in the form of a heat conducting sheet or grease between a heat
generating electronic component and a heat sink component to connect the two components for
efficient heat dissipation, as well as for the sealing or filling of such components (e.g., col. 1,
ll. 50-63, and col. 8, ll. 21-41). Mine specifically would have taught curable silicone polymers
which can be cured by different reactions, and discloses compositions containing different
organopolysiloxane resins which contain at least two alkenyl hydrocarbon radicals and at least
two hydrogen atoms bonded to silicon atoms, respectively, and a hydrosilyation reaction
catalyst, the composition cured by the hydrosilyation reaction “at relatively low temperatures”
(e.g., col. 2, l. 64, to col. 3, l. 12).
Among the required organopolysiloxanes containing two alkenyl hydrocarbon radicals,
which can be vinyl radicals, are such organosiloxanes containing, among other units, RSiO3/2
units and/or R2SiO2/2 units, wherein the R group is a substituted or unsubstituted monovalent
hydrocarbon group (e.g., col. 3, ll. 10-28). The hydrosilylation catalyst can be a platinum
catalyst (e.g., col. 4, ll. 44-58). The compositions can contain additional components, such as
adhesion promoting silicone resins, curing inhibitors, organic fillers (e.g., col. 5, l. 10, to col. 6,
l. 63). The heat conducting metal particles can be, for example, aluminum and copper as well as
the oxides and nitrides thereof which can be of any shape; can be surface treated; can be used in
a mixture of two or more different metals; can be used in a mixture of two or more different
shapes of the same metal; and can have a mean particle size in the range of 0.1 to 50 µm, with
mean particle sizes of 5 µm and 10 µm exemplified (e.g., col. 6, l. 64, to col. 8, l. 20, Reference
Examples 1-4). We find that the mean particle size would have been considered by one of
ordinary skill in this art to indicate the average particle size of the heat conducting filler
particles.
including use as evidence of obviousness under § 103. [Citations omitted.] By filing an
application containing Figs. 1 and 2, labeled prior art, ipsissimis verbis, and statements
explanatory thereof, appellants have conceded what is to be considered as prior art in
determining obviousness of their improvement.”).
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