Ex parte FUTAKUCHI - Page 10




                     Appeal No. 2000-0806                                                                                                                                              
                     Application No. 09/016,398                                                                                                                                        


                                           In the Answer, the Examiner admits that Dordi does                                                                                          
                     not suggest vias in its printed circuit board, but asserts                                                                                                        
                     that Dordi's silence with regard to the use of vias does not                                                                                                      
                     rule out their use, and that it is "common practice" to use                                                                                                       
                     vias.  The Examiner points to Selna for a teaching of vias in                                                                                                     
                     a printed circuit board as "an obvious extension to the Dordi                                                                                                     
                     device."  The Examiner asserts  that it would be "simple" to     1                                                                                                
                     substitute a printed circuit board with vias for another board                                                                                                    
                     lacking them. The Examiner admits that Dordi teaches matching                                                                                                     
                     coefficients of thermal expansion within a discussion of the                                                                                                      
                     prior art, but insists that such teaching is fully applicable                                                                                                     
                     against the instant invention.  The Examiner further asserts                                                                                                      
                     that Figure 6 of Dordi illustrates a carrier base and                                                                                                             
                     reinforcement base being substantially the same size as the                                                                                                       
                     semiconductor chip.                                                                                                                                               


                                           As pointed out by our reviewing court, we must first                                                                                        

                                1We note that the Examiner's reference to Appellant's                                                                                                  
                     argument here as "[n]onsense" is inconsistent with the spirit                                                                                                     
                     of 37 CFR § 1.3, which requires applicants and their attorneys                                                                                                    
                     to conduct themselves with decorum and courtesy.  MPEP §                                                                                                          
                     707.07(d) cautions Examiners that "[e]verything of a personal                                                                                                     
                     nature must be avoided" in Office communications.                                                                                                                 
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