Appeal 2006-3235
Reexamination Control No. 90/006,696
1 “[t]herefore, the discussion shall be limited to the hot spot detection
2 method.” Id. at col. 1, ll. 12-14. The foregoing statements, in our view,
3 identify the relevant field of endeavor as the use of the phase transition
4 property of liquid crystal materials to detect “hot spots” in integrated circuits
5 without regard to whether they include failed or defective components. For
6 the following reasons we reject Appellant’s position that the specification of
7 the ‘857 patent further restricts the field of endeavor to failure analysis, i.e.,
8 the detection of hot spots generated by failed or defective components.
9 Appellant argues that failure analysis is implied by the phrase “hot
10 spot detection.” Specifically, Appellant contends (1) that “hot spot
11 detection” means discovering the location of a hot spot for the first time,
12 citing the Webster’s definitions (i.e., “finding something unknown” or “to
13 catch or discover something hidden or not easily noticed”) and (2) that the
14 only type of hot spot whose location is unknown prior to performance of the
15 detection method is a hot spot generated by a failed component. Br. 19-20.
16 The Examiner, on the other hand, argues that “hot spot detection” is broad
17 enough to read on causing a hot spot to be manifested visibly, whether or not
18 its location is already known, presumably relying on the second part of the
19 American Heritage definition (“1. to discover or ascertain the existence,
20 presence, or fact of. 2. to discern (something hidden or subtle)”). Final
21 Action 3. As will appear, the Examiner’s broader interpretation is both
22 reasonable and consistent with the ‘857 patent disclosure.
23 As further support for restricting “hot spot detection method” to
24 failure analysis, Appellant argues that Hiatt and Fleuren are incorporated by
25 reference into the ‘857 patent and disclose using their spot detection
26 methods exclusively for failure analysis. This argument fails for several
26
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