Appeal 2006-3235
Reexamination Control No. 90/006,696
1 Fig. 5. Original photomicrograph of part of a LED with
2 octagonal dissipation area. The isotherm corresponding to 31.9
3 K [sic, ºC] is the boundary of the nematic-isotropic regions.
4 Using a polarized incident light beam the isotropic region is the
5 dark one. The evaporated Au-contacts can also be seen. Due to
6 the higher current density (dissipation) near the contacts, the
7 surface is at a higher temperature there.
8 Aszodi at 1129. Regarding this figure, Aszodi further explains: “The
9 ‘heating map’ of the chip with a given electrical driving power as a
10 parameter is illustrated in Fig. 5; this is a photomicrograph of an LED with a
11 well-observable phase transition trajectory. For the sake of clarity only one
12 isotherm is given.” Id. at 1131, 1st col., 1st full para.
13 7. The caption for Figure 6 explains that Figure 6(a) is a temperature
14 map of the same part of the LED that is depicted in Figure 5 and was
15 constructed from eleven photographs. Id. at 1311.
16 8. Figure 6(b) shows the chip surface divided into temperature
17 regions labeled T1-T6, of which T6 is the smallest and hottest (i.e., 38 ºC).
18 9. The caption for Figure 6 describes Figure 6(b) as “a computer
19 simulation for the thermal map of LED. . . . Dissipated power was 1 W.”
20 Regarding Figure 6(b), Aszodi further explains:
21 To simulate the thermal properties of the LED in question (i.e.
22 the isotherms corresponding to a given input power) we applied
23 the computer program THERMANAL [endnote number
24 omitted]. In Fig. 6(b) the shape of the thermal map and the
25 relative differences in temperature between isotherms
26 correspond to a dissipated power of 1W.
27 Id. at 1131, 1st col., 1st full para.
28 B. Principles of law
29 Anticipation is a question of fact. Med. Instrumentation &
30 Diagnostics Corp. v. Elekta AB, 344 F.3d 1205, 1220, 68 USPQ2d 1263,
42
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