Appeal No. 2006-1352
Application 10/250,683
A rubber-form cured heat-conducting silicone polymer which can be used as a heat
dissipating member prepared from such a heat-conducting silicone polymer composition is
illustrated in Mine Practical Examples 1-3 (particularly col. 10, ll. 38-43 and 53-8, col. 11,
ll. 58-66, and Table 2). The composition of Mine Practical Example 3 contains a mixture of
flake-form aluminum particles with a mean particle size of 10 µm (Reference Example 2) and
substantially spherical aluminum powder with a mean particle size of 5 µm (Reference Example
3). This mixture of heat conducting filler particles which would have been recognized by one of
ordinary skill in this art as providing a bimodal distribution of mean particle sizes and thus
average particles sizes (col. 11, ll. 20-22). Indeed, the average particles sizes of the different
shaped aluminum particles fall within the claimed bimodal ranges.5
We find that Mine thus provides substantial evidence supporting the examiner’s finding
that Mine would have expressly disclosed to one of ordinary skill in this art all of the limitations
of the heat dissipating member and composition specified in appealed claim 1 except for the
specified bimodal distribution average particle size ranges of the heat conductive filler (answer,
page 4), and all of the limitations of the heat dissipating member and composition specified in
claim 10 expect for the ratio of RSiO3/2 units (T units) to R2SiO2/2 units (D units) (answer, page
6). With respect to claim 1, the examiner submits that, prima facie, Hayase would have taught
this person to use particle sizes for the heat conductive filler within the teachings of Mine which
provide efficient heat conduction (answer, page 5). We found above that Mine would have
disclosed that the average size of the heat conductive filler particles can fall within the claimed
ranges using a mixture of such particles or a mixture of different shapes of a single such particle,
resulting in a bimodal distribution. We find that Hayase would have disclosed to one of ordinary
skill in this art a resin composition for encapsulating a semiconductor device which contains an
epoxy resin, a polysiloxane resin curing agent therefor, and an organic filler which can be
aluminum oxide and aluminum nitride (e.g., col. 2, l. 22, to col. 17, l. 37). Hayase would have
taught that in the encapsulation of a chip mounted on a substrate, the space between the
5 We affirm the examiner’s grounds of rejection under 35 U.S.C. § 103(a) and thus do not reach
the issue of whether Mine Practical Example 3 constitutes an anticipation of at least claim 1
within the meaning of 35 U.S.C. § 102(b). This issue should be addressed upon any further
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