Ex Parte FALLON et al - Page 4




             Appeal No. 2003-0200                                                               4              
             Application No. 09/250,524                                                                        

             It is the examiner’s position that Agarwala teaches a substrate having in part, “a                
             wiring layer on the substrate including flat metal terminals (Au layer of 14 in direct contact    
             with first bumps16), said flat metal terminals physically separated (by surface 12 and the        
             intervening ball limiting layers) and different from said bonding pads.”  See Answer, pages       
             3 and 4.  We disagree with the examiner’s findings.                                               
             The critical portion of the claimed subject matter requires, “a wiring layer on the               
             substrate including flat metal terminals physically separated and different  from said            
             bonding pads.”  See claim 57.  There is general agreement that Agarwala discloses chip            
             bonding pads 10 and a wiring layer on the substrate including flat metal terminals.  See          
             Brief, page 5 and Answer, page 3.  The examiner submits that surface 12 provides the              
             requisite separation between the flat metal terminals and the intervening ball limiting layer     
             14.  It is evident however, from Figures 1 to 4 that surface 12 provides an intervening           
             layer only at the periphery of the pads.  Furthermore, Agarwala teaches that even if the          
             conductor is inside the substrate 12, a portion of the conductor 10 must be exposed as            
             shown in Figure 1.  See column 9, lines 12-19.  Accordingly, we conclude that there               
             necessarily is some direct contact between a portion of the conductor 10 and the wiring           
             layer 14.  As the Answer has failed to distinguish between the wiring layer on the substrate      
             and item 14, we conclude that there is no evidence teaching or disclosing the requisite           
             physical separation required by the claimed subject matter.  Accordingly, on the record           

             before us, the examiner has not established a prima facie case of anticipation.                   






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