Ex parte CHILLARA et al. - Page 11




          Appeal No. 1997-1885                                                        
          Application No. 08/296,671                                                  

          We find no suggestion in Suzuki for making the lead                         
          frame of the Mahulikar combination of two thicknesses as                    
          recited in the claims. The examiner’s reading of Suzuki is                  
          inconsistent with the claim language and the teachings of the               
          reference. The stepped lead frame feature appears in claims 2,              
          3, 12, 14, 23 and 24.  Therefore, we do not sustain the                     
          examiner’s rejection with respect to these claims.                          
          Appellants’ remaining arguments are directed to the                         
          lead frame size features and the package size features. The                 
          examiner dismisses the claimed size limitations as obvious                  
          design choices.  Appellants argue that there is no suggestion               
          within the applied prior art that the size limitations recited              
          in the claims are suggested or achievable. Again, we agree                  
          with appellants.                                                            
          There is absolutely no suggestion in the Mahulikar                          
          patents that the packages produced therein can be made to fall              
          within the claimed range. The examiner’s mere statement that                
          it would have been obvious to make integrated circuit packages              
          as small as possible cannot form the required evidence of                   
          obviousness. The Mahulikar packages may already be as small as              
          possible and still fail to meet the size limitations of the                 

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