Appeal 2006-3236
Inter Partes Reexamination Control No. 95/000,006
The inclined surface leading into the pocket in Figure 17 corresponds
to a "first wall surface" and is capable of supporting an edge of the package
of an integrated circuit device. Of course, the surface is not capable of
supporting the edge of a package unless a package exists that is larger than
the package 12 shown in Figure 17. We take Official Notice of the facts that
integrated circuit packages come in different sizes and that trays are
designed for a certain package size.3 The tray in Figure 17 can be for a
small package, where the inclined surface is capable of supporting a larger
package. Brahmbhatt expressly describes the use of an inclined surface to
support the edge of a package.
The vertical wall surface above the upper edge of the inclined wall
guide-in surface corresponds to a "second wall surface" and is capable of
limiting the horizontal movement of the device in the same way as the
3 A traverse of a finding of Official Notice requires more than just a
statement that the fact is not in a reference. A "traverse" is "[a] formal
denial of a factual allegation in the opposing party's pleading," Black's Law
Dictionary (7th ed. 1999). That is, a traverse is similar to answering the
factual allegations in a complaint in a civil action. Cf. Fed. R. Civ. P. 8(b)
("A party shall . . . admit or deny the averments upon which the adverse
party relies. If a party is without knowledge or information sufficient to
form a belief as to the truth of an averment, the party shall so state and this
has the effect of a denial."). An applicant or patent owner may traverse a
finding of Official Notice by simply averring that "those of ordinary skill in
the art were not aware of [the fact]" or that "applicant [or patent owner] is
without any knowledge or information as to whether those of ordinary skill
in the art were aware of [the fact]." This avoids putting the Office to the
task of proving a fact which is well known.
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