Appeal No. 2000-0469 Page 3
Application No. 08/936,321
Appellant argues that, “the Cranston et al. patent does not disclose or suggest that the
electrically conductive particles comprise epoxy.” See page 2 lines 18-19 of the Reply Brief. The
Appellant further argues that neither the Shreeve nor the Cranston references “disclose or suggest ‘a
grid array interconnect structure comprising double sided nonconductive transfer tape having adhesive
disposed on both sides thereof, and having conductive epoxy interconnects formed therethrough’”. See
page 2 lines 23-27 of the Reply Brief.
In rejecting claims under 35 U.S.C. § 103, the Examiner bears the initial burden of establishing
a prima facie case of obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). The Examiner can satisfy this burden only by showing some objective teaching in the
prior art or that knowledge generally available to one of ordinary skill in the art would lead that
individual to combine the relevant teachings of the references. In re Fine, 837 F.2d 1071, 1074, 5
USPQ2d 1596, 1598. Only if this initial burden is met does the burden of coming forward with
evidence or argument shift to the Appellants. Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. See
also In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (“After a prima facie case of
obviousness has been established, the burden of going forward shifts to the applicant.’) If the Examiner
fails to establish a prima facie case, the rejection is improper and accordingly merits reversal. Fine,
837 F.2d at 1074, 5 USPQ2d at 1598.
On actual page 3 lines 8-18 of the answer, the Examiner sets forth the rejection of Appellant’s
claim 1 as being unpatentable under 35 U.S.C. § 103 over Shreeve and Cranston. The Examiner then
states how Shreeve teaches all of the limitations as claimed in claim 1 except for “conductive epoxy as
conductive element and also the ... adhesive disposed on both sides.” See actual page 4 lines 11-13 of
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