Ex Parte SCHEMMEL et al - Page 5



                    Appeal No. 2001-0953                                                                                                                                  
                    Application No. 08/923,651                                                                                                                            

                    In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                                                                                       
                    2002).  With these principles in mind, we commence review of the                                                                                      
                    pertinent evidence and arguments of Appellants and Examiner.                                                                                          
                              Appellants argue that none of the references show, teach or                                                                                 
                    suggest the limitations recited in claim 1.  In particular,                                                                                           
                    Appellants argue that claim 1 requires a computer connected to                                                                                        
                    the image acquisition system which, in addition to automatically                                                                                      
                    aligning the silicon wafer and obtaining an image of a plurality                                                                                      
                    of silicon dies, automatically calculates a statistical die model                                                                                     
                    from a sample of silicon dies.  Appellants argue that this                                                                                            
                    limitation is not taught or suggested by Sandland, Tanaka,                                                                                            
                    Iwakiri or any proper combination of these references either                                                                                          
                    alone or in the combination as claimed.  See page 4 of                                                                                                
                    Appellants' brief.  Appellants have similar arguments as to the                                                                                       
                    other independent claim, claim 9.  See page 7 of the brief.                                                                                           
                              We note that Appellants' claim 1 recites                                                                                                    
                              a computer connected to said image acquisition system                                                                                       
                              wherein said computer automatically aligns said silicon                                                                                     
                              wafer, automatically obtains an image of a plurality of                                                                                     
                              silicon dies, automatically calculates a statistical                                                                                        
                              die model for the samples of silicon dies.                                                                                                  
                    Simarily, we find that claim 9 recites                                                                                                                
                              wherein said computer automatically aligns said silicon                                                                                     
                              wafer, automatically obtains images of a plurality of                                                                                       

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