Appeal 2007-1098
Application 10/026,059
1 increasing the thermal mass of the electronic component as is required by the
2 means-plus-function element in the applicants’ claims. Noticeably absent is any
3 finding by the Examiner that typical potting material dissipates heat as well as
4 metal or ceramic.
5 For the foregoing reasons, the rejection of claims 1, 3, 4, 6, 12, and 13 as
6 unpatentable over Luce is without merit, and the rejection of claims 14, 15, 17, 18,
7 and 20 as unpatentable over Luce and Kirkpatrick is also without merit.
8 Kirkpatrick as cited and applied by the Examiner does not make up for the above-
9 noted deficiencies of Luce. The rejection of dependent claim 6 as unpatentable
10 over Luce and Khan is without merit because Khan as cited and applied by the
11 Examiner does not make up for the deficiencies of Luce.
12 G. New Grounds of Rejection
13 Claim 1 is rejected under 35 U.S.C. § 102(b) as being anticipated by Luce.
14 The level of ordinary skill in the art is such that the hypothetical person of ordinary
15 skill in the art would have recognized that electronic components generate and
16 dissipate heat energy during operation and that different materials have different
17 rates of thermoconductivity. The hypothetical person of ordinary skill also would
18 be familiar with the term thermo mass, with the first and second laws of
19 thermodynamics, and with the information expressed in the Background portion of
20 the applicants’ specification.
21 Claim 1 recites a circuit comprising (1) “an electronic component having an
22 enclosure that protects the electronic component,” and (2) “structure that surrounds
23 the enclosure and that reduces a thermal drift of the electronic component by
24 increasing a thermal mass of the electronic component.” The term enclosure does
25 not appear in the specification. Nor does it appear in any original claim. Viewed
26 in light of the specification, said “enclosure” is that enclosed space between the
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