Ex Parte LOKHORST et al - Page 6


            Appeal No. 2001-2568                                                       
            Application No.  09/178,848                                                

                 We find, however, that the examiner has not explained                 
            the motivation to incorporate the sidewall spacers disclosed               
            in Liou into the masking step performing the fine lead tips                
            42 of Fogelson.  At the bottom of page 4 of the Answer the                 
            examiner states that it would have been obvious to use a                   
            sidewall spacer formation method of Liou to prevent the                    
            sidewalls of Fogelson from being etched in that one of                     
            ordinary skill in the art would want to prevent the                        
            sidewalls from being etched in Fogelson in order to create                 
            cavities having dimensions smaller that the dimensions of                  
            what can be printed with modern photolithography equipment.                
            However, the idea in Fogelson to form fine pitch lead tips                 
            42 is so that one can approach a smaller die pad area 72 as                
            pictured in Figure 5b.  The examiner has not explained how                 
            the utilization of sidewalls of Liou would achieve this end.               
            In this context we agree with appellants’ comments made on                 
            page 2 of the Reply Brief that Liou has nothing whatsoever                 
            to do with the problem involved or its solution                            
            (minimization of undercutting or underetching).  Appellants                
            state that there is no two-step etch process of the type set               
            forth in the claims herein.  Appellants state that it is                   
            difficult to reason how two reference neither of which has                 
            anything to do with a problem to be solved or its solution                 
            can be properly combined.  We must agree.  We further note                 



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