Ex Parte YOSHIHARA et al - Page 9



          Appeal No. 2001-2082                                                        
          Application No. 08/943,146                                                  

          portion of the surface portion (brief, page 8).  Appellants                 
          conclude that Mikkor’s disclosure lacks the claimed features of             
          the substrates bonded only at a surface portion of the first                
          substrate and the eutectic portion contacting the entire surface            
          portion (id.).  We note that the Examiner does not challenge                
          these arguments and instead, dismisses the claimed features as              
          process limitations (answer, pages 3 & 5).                                  
               A review of claim 21 confirms that the claim requires                  
          bonding the first and the second substrates only at a surface               
          portion of the first substrate.  The claim further recites a                
          gold-silicon eutectic portion interposed between the two                    
          substrates contacting the entire surface portion on the first               
          substrate.  Therefore, the two substrates are bonded through a              
          eutectic portion and only at the surface portion of the first               
          substrate.                                                                  
               Based on our analysis of Mikkor above, we agree with                   
          Appellants that Mikkor’s substrates are bonded at the surface of            
          Titanium layer 3 relating to a surface portion of the first                 
          substrate.  However, eutectic portion 6 of Mikkor contacts only a           
          part of the surface of the titanium layer and cannot be equated             
          with the eutectic portion “contacting the entire surface portion            
          of the first substrate,” as recited in claim 21.  Therefore,                
                                          9                                           




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