Ex Parte YOSHIHARA et al - Page 10



          Appeal No. 2001-2082                                                        
          Application No. 08/943,146                                                  

          based on the Examiner’s failure to establish a prima facie case             
          of anticipation with respect to claim 21, we do not sustain the             
          35 U.S.C. § 102 rejection of claims 21-24 over Mikkor.                      
                                     CONCLUSION                                       
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 1-3 and 18-25 under 35 U.S.C. § 102 is reversed.           
               We make the following new ground of rejection for claims               
          21 and 22 under 35 U.S.C. § 102 as being anticipated by Shimbo2             
          pursuant to 37 CFR § 1.196(b).  We only consider independent                
          claim 21 and dependent claim 22, but encourage the Examiner to              
          consider other claims that depend from claim 21 for possible                
          rejections over Shimbo alone or in combination with other prior             
          art.                                                                        
               Claims 21 and 22 are rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Shimbo.  Shimbo is related to a method of              
          bonding two silicon bodies without an adhesive agent for                    
          improving the stress induced inaccuracies in measuring pressure.            
          However, Shimbo discloses a conventional semiconductor pressure             
          transducer that uses a gold-silicon eutectic alloy for bonding              
          the two substrates (Figure 1 and col. 1, line 57 through col. 2,            

               2  Shimbo et al. (Shimbo)     4,671,846      June. 9, 1987             
               (a copy of which is attached to this decision)                         
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