Appeal No. 2001-0014 Page 13
Application No. 09/070,899
references as a mosaic to piece together a facsimile of the
claimed invention."
Absent the appellant’s own disclosure, we can think of no
reason why one of ordinary skill in this art would have been
motivated to combine the diverse teachings of Sato references
and VanZeghbroeck with Chen as the examiner has proposed.
Here, the teachings of Sato ‘566, VanZeghbroeck and Sato ‘414
are directed to completely disparate types of devices from
that of Chen and, in our view, the examiner has impermissibly
relied upon the appellant’s own disclosure in arriving at a
conclusion of obviousness. Sato ‘566 is concerned with
forming a heat sink on the back surface of the ceramic package
opposite the die attach area. Sato, at the best, provides
hermetically sealed cap and base ceramic portions with a die
attach area under the cap portion while the electrical
contacts to the chip are made through the base portion. Sato
‘414 merely teaches a photoelectric conversion device and its
processing method. VanZeghbroeck, on the other hand, relates
to an opto-electronic
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