Ex Parte 4682857 et al - Page 14

                Appeal 2006-3235                                                                                
                Reexamination Control No. 90/006,696                                                            

           1           4.  The specification discusses Hiatt and Fleuren without mentioning                     
           2    that they concern failure analysis.  Specifically, the specification explains                   
           3    that the methods disclosed in Hiatt and Fleuren are unable to detect low-                       
           4    power hot spots:                                                                                
           5           Both the cholesteric and nematic liquid crystal have been used                           
           6           for detecting hot spot (see reference 1[Hiatt] and 2 [Fleuren]).                         
           7           Hiatt . . . reported that with a cross polarized light and a LC-127                      
           8           cholesteric liquid crystal, he obtained a spatial resolution of ten                      
           9           to twenty microns.  Also, the heating was not used, therefore                            
          10           the lowest detectable power of the hot spot is in the range of                           
          11           one hundred to two hundred milliwatts.  [Fleuren] reported the                           
          12           use of a N5 nematic liquid crystal phase to detect hot spots.                            
          13           The particular nematic liquid he used is called N5.  He used a                           
          14           P.I.D. control and achieved a constant temperature of 0.1                                
          15           degree [C]elsius to a specified temperature.  He could routinely                         
          16           detect a hot spot of 100 microwatts or more, with the P.I.D.                             
          17           control.  However, by chance, if the liquid crystal's ambient                            
          18           temperature happens to be much less than 0.1 degree celsius                              
          19           (say a 0.005 degree celsius) below the liquid crystal phase                              
          20           transition temperature, he could detect a lower power hot spot.                          
          21           He managed to detect a hot spot of 3.6 microwatts once.                                  
          22    Specification, col. 1, ll. 18-35.24                                                             
          23           6.  The specification asserts that Appellant’s hot spot detection                        
          24    method is capable of routinely detecting hot spots having powers of as low                      
          25    as one or two microwatts.  Id. at col. 1, ll. 57-62.                                            
          26    7.  The “Summary of the Invention” (“Summary”) in the specification                             
          27    similarly explains that “[t]his invention invented [sic] a few processes that                   
          28    significantly improve the effectiveness of the liquid crystal hot spot                          
                                                                                                               
                       24  The only other discussion of Hiatt and Fleuren in the ‘857 patent                    
                (also in the Background) is to explain that “[p]rior to this invention, the                     
                heating mode was either conductive (see reference 2 [Fleuren]) or no heating                    
                at all (see reference 1 [Hiatt]).”  Specification, col. 1, ll. 47-49.                           
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