Ex Parte BROFMAN et al - Page 7




            Appeal No. 2002-1182                                                                       
            Application 09/233,385                                                                     


                  Be all this as it may, however, both Pasch and Rostoker                              
            establish that the flip chip electronic module recited in claim                            
            50 lacks novelty.  Each of these references discloses a flip chip                          
            module composed of a semiconductor chip, a substrate, and a                                
            dielectric interposer having apertures, all as recited in claim                            
            50.  Each also discloses that the module is thermally reflowed                             
            such that the chip and substrate are electrically and                                      
            mechanically interconnected by solder elements which are not in                            
            contact with an adjacent solder element as recited in claim 50.                            
            Although neither teaches that the solder elements are “cone                                
            shaped prior to thermal reflow” as recited in the claim,4 this                             
            limitation addresses the process by which the claimed thermally                            
            reflowed module is made and, on the record before us, does not                             
            distinguish the claimed module from that disclosed by either                               
            Pasch or Rostoker.  In this regard, it is the patentability of                             
            the product claimed, and not of the recited process limitations,                           
            which must be established.  See In re Hallman, 655 F.2d 212, 215,                          
            210 USPQ 609, 611 (CCPA 1981); In re Brown, 459 F.2d 531, 535,                             
            173 USPQ 685, 688 (CCPA 1972).  The patentability of a claimed                             


                  4 The appellants’ specification indicates that “[t]he cone                           
            shape solder 637 permits a reduced force for a given I/O pad to                            
            allow for some non-planarity between the chip [i.e., the die],                             
            the interposer, and the substrate” (specification, page 11).                               
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