Ex Parte Kiss - Page 6




              Appeal No. 2004-2296                                                                                         
              Application No. 10/017,031                                                                                   

              teachings.  Nonobviousness cannot be established by attacking references individually                        
              where the rejection is based upon the teachings of a combination of references.  In re                       
              Merck & Co., 800 F.2d 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986) (citing In re                           
              Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981)).                                                   
                     Hsuan teaches the advantages of multi-chip packages (col. 1, ll. 18-34),                              
              containing chips that may include processors and volatile memory (id. at ll. 34-40; col. 3,                  
              ll. 41-42).  Hsuan thus teaches a “packaged” device, as recited in the preamble of                           
              instant claim 1, and two of the three elements recited in the body of the claim.  Mauritz                    
              teaches the advantages of a cross-point memory; namely, the capability of replacing a                        
              defective memory chip in situ, obviating physical removal and replacement of the                             
              defective chip.  Col. 1, ll. 33-43; col. 3, ll. 51-62.  The artisan would thus have found it                 
              obvious to provide the “packaged” device taught by Hsuan with a cross-point memory                           
              as taught by Mauritz.  The teachings of these two references alone demonstrate the                           
              prima facie obviousness of the subject matter as a whole of instant claim 1.                                 
                     With respect to the subject matter of claims 10 and 18, Haba teaches all that is                      
              recited in the claims except for a cross-point memory on a separate die.  The reference                      
              teaches incorporating several IC die into a single package (col. 1, ll. 14-19), which IC                     
              die may comprise one or more types of diverse IC devices such as a processor and                             
              memory (col. 13, ll. 33-36).  In view of the afore-noted advantages of cross-point                           
              memories revealed by Mauritz, the artisan would have found it obvious to place a cross-                      
              point memory on a die within a packaged device as taught by Haba.  Thus, the                                 
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