Appeal No. 2001-1451
Application No. 09/166,656
Appellants argue (Brief, page 5) that the probe in Filippazzi is
connected to active region 11 or 12 through conductive strip 7
and does not terminate at the active region. The examiner
responds (Answer, pages 12-13), "The fact that the probe is
electrically coupled to layer 7 does not mean that the probe is
not connected to the active region." Further, the examiner
states that "[p]robe 3 terminates at layer 6, which is
electrically connected to layer 2 and interconnect layer 7.
Therefore, the probe makes an electrical contact with the active
regions."
It is clear from the examiner's remarks that he has
disregarded the terminology in the claims that the probe extends
from the back surface of the device substrate and "terminat[es]
at the active region." The phrase "terminates at" is more
specific than the phrase "connects to." Although a probe which
terminates at an active region generally electrically connects to
the active region, it is not true that a probe which is
electrically connected to an active region generally terminates
at the active region. We agree that the probe of Filippazzi is
electrically connected to active region 11 or 12. However, the
probe does not terminate at active region 11 or 12. Instead the
probe terminates at layer 7. Since AAPA fails to remedy the
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