Ex parte MARTIN et al. - Page 6




          Appeal No. 1998-2907                                                        
          Application No. 08/471,748                                                  


               Similarly, for claim 21 and its dependent, claim 28, the               
          examiner fails to provide motivation for combining the                      
          references in such a way as to arrive at the claimed                        
          invention.  In particular, the admitted prior art includes a                
          paddle bonded to the bottom of the semiconductor die and a                  
          movable mass suspended in the top face of the die, as recited               
          in the claims.  Roylance, on the other hand, has the paddle                 
          supporting the mass with the cover bonded to the end of the                 
          paddle.  Greiff discloses no paddle at all.  Therefore, it is               
          unclear to us how one would combine the three references to                 
          arrive at a cap bonded over the top of the die and a metal                  
          paddle bonded to the bottom of the die.  As the examiner never              
          specifically addresses these limitations, there is no prima                 
          facie of obviousness, and we cannot sustain the rejection of                
          claims 21 and 28.                                                           
               Last, as to claim 25 and its dependents, claims 26 and                 
          37, merely that Greiff includes metal layers in the bridge                  
          electrode  does not render it obvious to the skilled artisan                
          to form a cap of metal over the accelerometer.  There is no                 
          indication in Greiff that the bridge electrode completely                   
          covers the accelerometer so as to protect it.  Further, as                  
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