Ex Parte CADET - Page 9




                Appeal No. 1999-1286                                                                                                            
                Application No. 08/567,950                                                                                                      


                         The examiner concedes that Abe does not describe marking the defective                                                 
                circuits at a plurality of locations.  (Answer at 5.)  To remedy this deficiency, the                                           
                examiner relies on Shils, which teaches marking at a plurality of locations in order to                                         
                write various information on the circuit to inform subsequent failure analysis.  (Id., citing                                   
                Shils at col. 4, ll.40–60, col. 5, ll.1–20, and col. 6, ll.25–30.)  Appellant objects that Shils                                
                teaches away from destructive marking, because Shils teaches that the marking should                                            
                be done on the back of the chip, such that the marking does not impinge on chip real                                            
                estate.  (Brief at 8–9, citing Shils at col. 2, ll.57–60.)                                                                      
                         On review of Shils in its entirety, we agree with Appellant that Shils is concerned                                    
                exclusively with non-destructive marking, and thus provides no reason, suggestion,                                              
                teaching, or motivation for the combination with the teachings of Abe regarding                                                 
                destructive marking proposed by the examiner.  Accordingly, we hold that the examiner                                           
                has not established a prima facie case of obviousness based on the combined                                                     
                teachings of Abe and Shils, and we reverse rejection 2.                                                                         
                         The examiner relies in rejection 3 on Hidaka for teachings of focusing the                                             
                radiation to control a mark diameter.  (Answer at 7.)  Because Hidaka does not cure the                                         
                deficiency of Abe or Shils to teach or suggest multiple sites of destructive marking on                                         
                each defective integrated circuit, we also reverse rejection 3.                                                                 
                         C.      Decision                                                                                                       



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