Appeal No. 1998-0096
Application No. 08/518,182
Saito (JP4-30532) teaches that the bump electrodes are
made of a conductive metal material, such as Au, Ag, Cu, etc.
-- not polymer as claimed (Translation, page 7).
The teachings of prior art references are to be viewed as
they would have been viewed by one of ordinary skill.
Kimberly-Clark v. Johnson & Johnson, 745 F.2d 1437, 1454, 223
USPQ 603, 614 (Fed. Cir. 1984); In re Mercier, 515 F.2d 1161,
1165,
185 USPQ 774, 778 (CCPA 1975). In combining Fujimoto and
Saito (JP 4-6841) with Saito (JP 4-30532), the examiner has
failed to recognize that all of the relevant teachings of the
cited references must be considered in determining what they
fairly teach to one having ordinary skill in the art. He has
picked enough teachings from Saito (JP4-30532) regarding
providing bump electrodes 6 on substrate 2 (Figure 5) and
bringing together the IC element 1 and substrate 2 so that the
bump electrodes contact, ignoring the fact that Saito (JP4-
30532)teaches away from the use of bump electrodes having a
polymer body deformed when bonded together. In our opinion,
the examiner’s proposed modification amounts to an
impermissible hindsight reconstruction of the claimed
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