Ex parte AGARWALA - Page 3




                     Appeal No. 1997-1248                                                                                                                                              
                     Application 08/480,109                                                                                                                                            


                                a solder ball electrically and mechanically attached to                                                                                                
                     said frustum cone structure encasing edges of said wettable                                                                                                       
                     layer and said phased layer with said solder ball forming a                                                                                                       
                     solder bead away from said solder non-wettable layer.                                                                                                             


                                The reference relied on by the Examiner is:                                                                                                            
                     Satou                           59-117135                                                        Jul. 6, 1984                                                     
                     (Japanese Kokai Patent Publication)                                                                                                                               
                                Claims 9 to 11 stand rejected under 35 U.S.C. § 103 over                                                                                               
                     Satou.                                                                                                                                                            
                                Reference is made to Appellant’s briefs  and the                                    2                                                                  
                     Examiner's answer for their respective positions.                                                                                                                 
                                                                           OPINION                                                                                                     
                                We have considered the record before us and we will                                                                                                    
                     reverse the rejection of claims 9 to 11.                                                                                                                          
                                In rejecting claims under 35 U.S.C. § 103, it is                                                                                                       
                     incumbent upon the Examiner to establish a factual basis to                                                                                                       
                     support the legal conclusion of obviousness.  See In re Fine,                                                                                                     
                     837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).  In                                                                                                    
                     so doing, the Examiner is expected to make the factual                                                                                                            


                                2A reply brief [paper no. 19] was filed and its entry                                                                                                  
                     approved without any further response from the Examiner [paper                                                                                                    
                     no. 20].                                                                                                                                                          
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