Ex Parte BALL - Page 5




          Appeal No. 1998-3038                                                        
          Application No. 08/602,503                                                  


          appellant’s argument (brief, pages 7 through 9) that Fogal                  
          teaches away from the claimed invention is not convincing of the            
          nonobviousness of the claimed invention.                                    
               Appellant’s impermissible hindsight argument (brief, pages 9           
          and 10) is without merit because the examiner did not have to               
          resort to appellant’s disclosed and claimed invention to discover           
          the benefits of mounting discrete components with a substrate               
          mounted stacked assembly of chips via bonding wires.  In summary,           
          the 35 U.S.C. § 103(a) rejection of claim 19 is sustained.  The             
          35 U.S.C. § 103(a) rejection of claims 21 through 23 and 25                 
          through 34 is likewise sustained because appellant has chosen to            
          let these claims stand or fall with claim 19 (brief, page 5).               
                                      DECISION                                        
               The decision of the examiner rejecting claims 19, 21 through           
          23 and 25 through 34 under 35 U.S.C. § 103(a) is affirmed.                  



















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