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. - 41 -Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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