Ex Parte Cobbley et al - Page 7

                Appeal 2007-1772                                                                             
                Application 10/672,750                                                                       
                via bond wires or by other connective devices to serve any particular                        
                electrical function as part of the integrated circuit package.  Given this claim             
                construction, we agree with the Examiner that Appellants’ arguments against                  
                the Examiner’s rejection of claims 45, 47-49, 63, 65 and 67 on the basis that                
                the stack of Pai includes a non-electrically functional die (see, e.g., die 160,             
                Fig. 8) is unpersuasive of any reversible error in the Examiner’s obviousness                
                rejection.                                                                                   
                      In any event, we note that Pai discloses that it is known to employ                    
                adhesive without a dummy die to space die that are connected via bondwire                    
                to a substrate (Pai, col. 1, ll. 33-62 and drawing Fig. 1.  Thus, even if we                 
                agreed with Appellants’ interpretation of the claim term “electrically                       
                functional”, which we do not, Pai teaches/suggests the option of forming                     
                stacks, wherein all of the chips (die) are electrically functional in a manner               
                within the meaning of Appellants’ argued more limited definition for that                    
                claim term.2                                                                                 
                      Appellants’ argue that eliminating a dummy die in the disclosed                        
                inventive integrated circuit package of Pai would change the principle of                    
                operation of the Pai device (Br. 18).  We are not persuaded by this argument.                




                                                                                                            
                2 We have determined that the teachings of Pai, by itself, are sufficient to                 
                render the formation of a stack with all of the chips/die thereof being                      
                electrically functional, as claimed.  Thus, we need not further discuss the                  
                additional teachings of Huang, as referred to by the Examiner as an option,                  
                in further support of showing that this claimed feature (all stacked die being               
                electrically functional) would have been obvious to one of ordinary skill in                 
                the art at the time of the invention.                                                        
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