Ex parte MELTON et al. - Page 5




             Appeal No. 1998-3053                                                                                 
             Application 08/677,755                                                                               


             recites heating to a lower temperature than the melting                                              
             temperatures of the first and second metal constituents such                                         
             that an interfacial liquid phase is formed which wets the                                            
             metal plate and the solder bump.  Melting the solder bump                                            
             clearly would not have produced the required interfacial                                             
             liquid phase which wets the solder bump.  Moreover, the                                              
             examiner has not explained why, if Tulman’s solder were used                                         
             in the method of claim 1 of Melton ‘453, the claim requirement                                       
             would be met that the second metal of which the solder is                                            
             composed forms, with the first metal of which the metal plate                                        
             is composed, a solder composition having a melting temperature                                       
             lower than that of the first and second metals.                                                      
                    The examiner, therefore, has not carried the burden of                                        
             establishing a prima facie case of obviousness over claim 1 of                                       
             Melton ‘453 in view of Tulman.  Accordingly, we reverse the                                          
             rejection over these references.                                                                     
                                    Rejection under 35 U.S.C. § 103                                               
                    Melton ‘341 discloses forming a high-melting spacer                                           
             solder bump (28) surrounded by lower-melting solder (36), and                                        
             heating to a temperature below the melting temperature of the                                        


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