Appeal 2007-1098
Application 10/026,059
1 Regarding structure that surrounds an enclosure and which reduces thermal
2 drift by increasing thermal mass, the applicants’ specification discloses only two
3 embodiments, a metal case and a ceramic case (Specification 6: 15-21; 7: 29-31).
4 Copper or aluminum are named as examples of the material used for the metal case
5 (Specification 6: 18-19). To meet the claim limitation of structure that surrounds
6 an enclosure and which reduces thermal drift by increasing thermal mass, the
7 Examiner relies on potting material 46 used in Luce to encapsulate an electronic
8 liquid crystal display cell 95. In column 4, lines 53-56, Luce states: “Still another
9 sealing means (shown as dotted lines in FIG. 2) which may be used together with
10 or independently of the aforementioned seals is a complete encapsulation of the
11 device with a potting material 46.” The Examiner made no explanation, however,
12 as to why Luce’s potting material 46, when used to encapsulate the liquid crystal
13 display cell 95, should be regarded as equivalent to the metal or ceramic casing
14 discussed in the applicants’ specification. The Examiner has not established to
15 what extent does Luce’s potting material act like metal or ceramic casing.
16 The Examiner states (Answer 3): “It would have been obvious for the
17 structure [potting material] disclosed by Luce et al. to reduce thermal/drift/increase
18 thermal mass since a larger area for heat dissipation [is] provided.” The sentence
19 is unintelligible, as it suggests that the potting material itself has a mind and would
20 like to do a self transformation. We take the expression to mean that one with
21 ordinary skill in the art would have recognized that Luce’s potting material
22 inherently absorbs some heat from the electronic component. In that regard, the
23 Examiner finds that the heat absorbing capability of a typical potting compound is
24 greater than that of the atmosphere. Although that determination has not been
25 disputed by the applicants, it is not sufficient justification to conclude that Luce’s
26 potting material is “equivalent” to a metal or ceramic casing for purposes of
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