Appeal No. 2000-2143 Page 4
Application No. 08/743,405
Appellants argue that Bhatia includes fixed metallurgy on
the surface which consists of connection pads, signal pads,
conductors and etc. and that the phrase “consisting essentially
of” in the claims excludes such metallurgy. We agree.
Appellants’ claim 1 recites that the top surface layer of
the multilayer thin film structure consists essentially of vias,
chip connection pads, via-pad connection straps, a plurality of
orthogonal X conductor lines and Y conductor lines and defined
metal strap repair lines thereon.
The phrase “consisting essentially of” in a claim leaves the
claim open to only those elements which would not materially
change the basic and novel characteristics of the invention. In
re Garnero, 412 F.2d 276, 279, 162 USPQ 221, 223 (CCPA 1969).
The basic characteristic of appellants’ invention, as described
in the specification, is that the top surface includes only vias,
chip connection pads, via-pad connection straps, a plurality of
orthogonal X conductor lines and Y conductor lines and defined
metal strap repair lines. Bhatia’s top surface includes signal
pads and a conductor between at least two direct distribution
structures. As such, the top surface of Bhatia includes
additional metallurgy not recited in the claims.
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