Ex Parte 4682857 et al - Page 16

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

           1           11.  Appellant argues that “hot spot detection method” is restricted to                  
           2    discovering the location of a hot spot for the first time and thus refers to                    
           3    detecting the location of a failed component, quoting the following                             
           4    definitions of “detect” in Webster’s New World Dictionary, 2nd College                          
           5    Edition (date unknown): “finding something unknown” or “to catch or                             
           6    discover something hidden or not easily noticed” (hereinafter “Webster’s                        
           7    definitions”).  Br. 18.                                                                         
           8           12.  As support for limiting the claimed “hot spot detection method”                     
           9    to failure analysis, Appellant notes that Hiatt and Flueren, which Appellant                    
          10    characterizes as incorporated by reference into the ‘857 patent, use their                      
          11    disclosed hot spot detection techniques exclusively for failure analysis.  As                   
          12    further support, Appellant relies on Burgess/Tan and the declarations by Lim                    
          13    and Jung.                                                                                       
          14           Hiatt (Br. Ex. H)                                                                        
          15           13.  The title of the Hiatt article is “A Method of  Detecting Hot Spots                 
          16    on Semiconductors Using Liquid Crystals.”  The term “hot spot” also                             
          17    appears in Figure 2 (at 130).                                                                   
          18           14.  Hiatt’s abstract specifically addresses failure analysis:                           
          19           This paper presents a failure analysis technique which                                   
          20           uses cholesteric liquid crystals and polarized light to                                  
          21           locate areas of high power dissipation on an integrated                                  
          22           circuit.  The technique is non-destructive and can be                                    
          23           performed in a few minutes using common failure                                          
          24           analysis equipment.  An example is given involving the                                   
          25           analysis of a CMOS latch-up mechanism.                                                   
          26    Hiatt at 130.                                                                                   
          27           15.   Under the heading “Background,” Hyatt explains that                                
          28    “[c]holesteric liquid crystals have been used to map surface temperatures in                    

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