Appeal 2006-1454
Application 09/004,524
Patent 5,483,421
teach or suggest a chip carrier made of glass filled epoxy FR-4
material which has a thermal coefficient of expansion of at least
17 x 10-6 /°C”; and
(6) “the Board of Patent Appeals and Interferences (“Board”) were
persuaded by the patentees’ above-mentioned arguments and
accordingly reversed the obviousness rejection made by [the
Examiner] based on the above arguments by the patentees.”
The Examiner's accurate factual analysis demonstrates that the Examiner has
made out a prima facie case of recapture consistent with the test set forth in
Clement.
(2)
Second Examiner’s Theory of the Rejection
Our Findings of Fact 89-93 set out the basis upon which the Examiner made
a recapture rejection in the Examiner’s Answer. As noted in Finding of Fact 93,
the record supports the Examiner’s findings.
Basically, in the application which matured into the patent now sought to be
reissued, the Examiner rejected originally filed independent claims 1 and 7 over
the prior art. Applicants proceeded to re-write application claim 1 by adding
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