Ex parte IWASAKI et al. - Page 7




          Appeal No. 96-0633                                                          
          Application 07/971,041                                                      


          material which extends into the dicing region.  There is no                 
          apparent distinction to us of claim 1 on appeal over the                    
          substance of these figures in Ishii except for perhaps the                  
          argued feature just set forth by appellants.  This has not                  
          been quoted in the brief but the last clause of independent                 
          claim 1 on appeal, for example, recites that the apertures are              
          each filled with a layer of a second material “confined to be               
          within the aperture.”  A similar limitation is set forth at                 
          the end of broader independent claim 5 on appeal.  We do not                
          construe the statement of this feature in each of these claims              
          as being equivalent to stating that the filling must be                     
          confined only within said aperture.  Appellants’ argument as                
          to this feature is best expressed at the bottom of page 3 of                
          the reply brief where appellants indicate that Ishii teaches                
          the use of a trench “which is filled with material which                    
          extends into the dicing region (i.e., the fill material is not              
          confined within the aperture or formed only in the trench and               
          the device forming region).”  Such an explicit limitation is                
          not recited at the end of independent claims 1 and 5 on                     
          appeal.  Again, there is no recitation in these claims that                 
          the fill material is confined only within the aperture or                   
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