Ex Parte SABIN et al - Page 4




          Appeal No. 2003-0241                                                        
          Application No. 09/271,615                                                  


          rather, to form vias through the dielectric layer underlying the            
          bonding pad and electrically connecting the bonding pad to the              
          metal layer through the vias in the dielectric layer.                       
               Also, while the examiner provides various explanations why             
          it would have been obvious for one of ordinary skill in the art             
          to electrically connect the bonding pad to the metal layer, these           
          explanations strike us more as what one of ordinary skill in the            
          art could do, rather than what is taught or suggested by the                
          applied Chittipeddi reference.  The examiner's reasoning in                 
          support of the conclusion of obviousness lacks factual support,             
          and the examiner has not addressed appellants' argument that                
          "[a]s one skilled in the art would further know, it is possible             
          to connect the bond pad to metal layers below the support                   
          structure metal layer without forming an electrical connections             
          [sic, connection] to the support structure metal layer" (page 5             
          of Brief, third paragraph).  It seems to us that not only could             
          the vias "be electrically isolated when passing through the                 
          support structure metal layer to connect to lower metal layers"             
          (id.), as stated by appellants, but the connection could be made            
          in vias that penetrate both the dielectric layer and the etched-            
          out slots 25 in the support structure metal layer.                          



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