Ex parte CHIEN et al. - Page 8




          Appeal No. 1998-1548                                       Page 8           
          Application No. 08/660,304                                                  


          not be created, because the APA teaches (Figure 4 and pages 5               
          and 6) that the access opening for fuse 34 and the deeply                   
          recessed regions 32 of the alignment site are etched at the                 
          same time.  We find that the APA, Oka, and Tominaga would not               
          have suggested this modification because the purpose of the                 
          alignment mark is for aligning the laser trimming tool.                     
          Without an access opening for the fuse to be severed by the                 
          laser trimming tool, we find no suggestion for the                          
          modification, other than from appellants' disclosure.                       
               Moreover, from the teachings of the APA, Tominaga, and                 
          Oka, we find no suggestion to form alignment mark 36 of Figure              
          3 of the APA in a recess or groove, not etch the deeply                     
          recessed region 32, form a deep recess for access to the fuse               
          40 by the laser trimming tool, and make a patterned opening in              
          the passivation layer 22 and TiN layer 20 of the APA to form                
          an opening in the alignment mark 36 that forms a patterned                  
          opening within the insulative layer and extends through the                 
          ARC layer and terminates in the base pad.                                   
               Our reviewing court has stated that "[i]t is                           
          impermissible to use the claimed invention as an instruction                
          manual or 'template' to piece together the teachings of the                 







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