Appeal 2007-1098
Application 10/026,059
1 electronic component 10 and the metal or ceramic case 14 in Figure 2 or that
2 enclosed space between the electronic component 10 and the metal case 20 in
3 Figure 4. Accordingly, we interpret “enclosure” to mean an enclosed space.
4 Claim 1 further requires that such an enclosure be surrounded by structure that
5 reduces a thermal drift of the electronic component by increasing a thermal mass
6 of the electronic component. As we discussed earlier, we interpret this feature of
7 the claim as a means-plus-function recitation under 35 U.S.C. § 112, sixth
8 paragraph, and the corresponding structure disclosed in the specification is a metal
9 case or a ceramic case covering the electronic component and surrounding the
10 enclosure.
11 Luce discloses an electronic component in the form of a liquid crystal
12 display cell 95 having conductive segmented characters 12 and 14 (Figs. 1 and 2).
13 There is an enclosed space under metal can 40 and above the liquid crystal display
14 cell 95, which provides protection for the liquid crystal display cell. The enclosed
15 space is surrounded by a metal can 40. The metal can 40 is the same as or
16 equivalent to applicants’ metal case 14 or 20. Although Luce’s metal can 40 is
17 sealed to substrate 10 by an electrical insulator 42, it inescapably still acts to
18 increase the thermal mass of the electrical component by absorbing heat radiated
19 from the liquid crystal display cell 95 located under the can, as would be
20 recognized by one with ordinary skill in the art. One with ordinary skill in the art
21 also would have recognized that contact through the sealing agent 42 is only one of
22 many ways by which heat may be transmitted from Luce’s liquid crystal display
23 cell 95 to the metal can 40. The applicants’ apparent position in the appeal brief
24 that electrical insulator 42 of Luce prevents all heat transmission from display cell
25 95 to the metal can 40 is not sensible and is also mere argument of counsel. No
26 evidence has been submitted to demonstrate that alleged fact. Attorney argument
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