Ex Parte Suga - Page 10



          Appeal No. 2004-0651                                                        
          Application No. 09/898,082                                                  

               First, appellant argues that the conductive filling material           
          4 in the first and second portions of Kawai (Figure 12(c)) do not           
          contact each other.  We disagree.  These conductive filling                 
          materials do contact each other, via bonding member 5 and wiring            
          2 and this type of “contact” is not precluded by the instant                
          claims.  The instant claims do not require a direct contact with            
          no intervening elements.                                                    
               Next, appellant argues that the “protruding above”                     
          limitation of claim 20 is not shown or suggested in Kawai.                  
          Again, we disagree.  Bonding member 5, a conductive material, may           
          be considered as a protruding portion of conductive filling                 
          material 4 in Figure 12(c) of Kawai.  While appellant contends              
          that since material 5 is tin and material 4 is copper, material 5           
          may not be considered a protrusion of material 4, this describes            
          only one embodiment of Kawai.                                               
               Kawai suggests, at column 7, lines 13-14, that bonding                 
          member 5 is made of a “metal or an alloy.”  Since there is no               
          indication that material 5 and material 4 cannot be, or should              
          not be, the same material, the artisan would have recognized,               
          from Kawai’s disclosure, that both materials may be copper, for             
          example.  The only requirement in Kawai is that both materials be           

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