Ex Parte 6357595 et al - Page 33



                Appeal 2006-3236                                                                                
                Inter Partes Reexamination Control No. 95/000,006                                               

                             a second wall surface disposed around a circumference of the                       
                       semiconductor integrated circuit device so as to limit horizontal                        
                       movement of the semiconductor integrated circuit device, said first                      
                       wall surface being inclined at an angle so as to support an edge of the                  
                       package of the semiconductor integrated circuit device such that the                     
                       wiring terminals of the semiconductor integrated circuit device do not                   
                       contact said first wall surface when the semiconductor integrated                        
                       circuit device is stored in said first storage portion, and said second                  
                       wall surface extending from said first wall surface in a direction away                  
                       from said first wall surface of said main body, wherein said second                      
                       wall surface is inclined at an angle larger than the angle of said first                 
                       wall surface, with respect to the horizontal.                                            
                There is no clear antecedent basis for "said first wall surface of said main                    
                body."  Instead, the phrase refers to and combines two different antecedents:                   
                "a first surface of said main body" and "a first wall surface."  The claim is                   
                ambiguous in this respect, which is the most likely reason that claim 16 was                    
                added with the word "wall" omitted (Patent Owners do not explain why                            
                claim 16 was added).  The most reasonable construction is that "said first                      
                wall surface of said main body" should be understood to mean "said first                        
                surface of said main body," as now recited in claim 16.  Therefore, claim 16                    
                is not broader in this respect than original patent claim 1.1                                   
                       Assuming that "said first wall surface of said main body" refers to the                  
                "first wall surface" instead of "said first surface of said main body," claim 16                
                is still not broader than original claim 1.  In the limitation, "said second wall               
                                                                                                               
                       1  The question of what is meant by "in a direction away from said                       
                first surface of said main body" is treated in the indefiniteness rejection of                  
                claim 16 under § 112, second paragraph.                                                         
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