Ex parte MICHAEL - Page 2




                Appeal No. 94-3284                                                                                                            
                Application 07/948,570                                                                                                        


                         a circuit subassembly having bond pads and streets;                                                                  
                         a primary passivation layer on the surface of the                                                                    
                subassembly which is etched at the bond pads and streets; and                                                                 
                         one or more ceramic layers covering the primary passivation                                                          
                layer and the sides of the primary passivation created by etching                                                             
                at the bond pads and streets;                                                                                                 
                         wherein the ceramic layers comprise a ceramic material which                                                         
                is deposited by a process selected from the group consisting of                                                               
                chemical vapor deposition and physical vapor deposition.                                                                      
                         The references relied upon by the primary examiner in the                                                            
                final rejection are:2                                                                                                         
                Haluska et al. (Haluska)                                   4,849,296                   Jul. 18, 1989                          
                Kobayashi et al. (Kobayashi)                               5,177,589                   Jan.  5, 1993                          
                                                                                        (filed Sept. 25, 1991)                                
                         Claims 12 to 23 stand finally rejected:                                                                              
                (1) as failing to comply with the second paragraph of 35 U.S.C.                                                               
                § 112;                                                                                                                        
                (2) as unpatentable over Haluska in view of Kobayashi, under                                                                  
                35 U.S.C. § 103.                                                                                                              
                Rejection (1)                                                                                                                 
                         The examiner takes the position that the claims are                                                                  
                indefinite, because the expression “one or more ceramic layers,”                                                              
                found in each of independent claims 12, 15 and 19, is                                                                         
                “alternative claim language” which, according to the MPEP, makes                                                              


                         2It is noted that the number given in the examiner’s                                                                 
                answer (page 2) for the Haluska et al. patent is incorrect.                                                                   
                                                                    -2-                                                                       




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