Ex Parte 4682857 et al - Page 44

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

           1    therefore satisfies the preambular language, “A . . . use of liquid crystal for                 
           2    detecting hot spot on die or wafer with a hot spot detection method.”  As                       
           3    explained above, none of the claim language requires that the hot spot                          
           4    detection method be performed on a failed or defective device or precludes                      
           5    the location of the detected hot spot from being known prior to performance                     
           6    of the hot spot detection method.  The body of the claim is satisfied because                   
           7    Aszodi’s method employs K24, one of the claimed liquid crystal materials,                       
           8    in a mixture also containing M24 and the claim does not preclude a mixture                      
           9    of liquid crystal materials.  Based on the same reasoning, the claim is also                    
          10    anticipated by the process of obtaining each of the eleven microphotographs                     
          11    used to create the temperature map depicted in Figure 6(a).                                     
          12           In view of the above, it is not necessary for us to consider the                         
          13    Examiner’s alternative reliance on region T6 in the temperature map                             
          14    depicted in Figure 6(b).                                                                        
          15    In addition to the arguments already addressed above, Appellant                                 
          16    attempts to distinguish Claim 11 from Aszodi for reasons that have no basis                     
          17    whatsoever in the claim language.  One such reason is that “Aszodi’s                            
          18    thermal mapping method is done with respect to a known ‘temperature                             
          19    range.’ (Refer to Fig. 6(a), page 1131, Col. 1, paragraph 2)[.]  As against                     
          20    this, in claim 11, there is no such ‘temperature range.’”  Brief  39, para. 4.                  
          21    Nothing in the claim precludes the detection of hot spots with respect to a                     
          22    known “temperature range.”                                                                      
          23           Another argument having no basis in the claim language is the                            
          24    assertion that the phase transition sharpness of K24, recited in the claim, is                  
          25    almost 200 times greater than the phase transition sharpness of Aszodi’s the                    
          26    M24/K24 mixture.  Br. 39, para. 7.  Specifically, Appellant characterizes                       

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