Ex Parte HERRELL et al - Page 4

          Appeal No. 2003-1361                                                        
          Application No. 09/099,758                                                  
               Fig. 12 causes the decreasing of “unwanted inductance                  
               present in the multilevel thin film wiring layers 22"                  
               (column 5, lines 5-11).  Accordingly, one skilled in                   
               the art would [have] recognized that the loop circuit                  
               arranged in Fig. 12 of Sudo et al would have properties                
               of reduction in the inductance because it has been held                
               that when the structure recited in the reference is                    
               substantially identical to that of the claims, claimed                 
               properties or functions are presumed to be inherent.                   
               Appellants argue (brief, pages 8 and 12) that the power                
          supply vias taught by Sudo (Figures 11 and 12) are not in a loop            
          circuit as claimed, and that such a loop circuit is neither                 
          expressly nor inherently disclosed in the applied references.               
               We agree with appellants’ arguments.  We find that Sudo does           
          not disclose a loop circuit because the Figure 11 embodiment does           
          not show a connection between the ground pad electrode 16 and the           
          already connected LSI chip 23 and power supply pad electrode 15.            
          Thus, the appellants correctly argue (brief, pages 14 and 15)               
          that:                                                                       
                    First, as a preliminary matter, no circuit                        
               involving vias 15 and 16 is disclosed.  Second, no                     
               reasonable interpretation of FIG. 11 supports the                      
               conclusion that such a circuit is necessarily inherent.                
               In fact, the reasonable interpretation of FIG. 11 is                   
               that any complementary, opposing direction current that                
               would flow through a return circuit path . . . involves                
               a via well removed from via 15 . . . .  However,                       
               whatever the actual location, no reasonable                            
               interpretation of FIG. 11 supports the argument that                   
               via 16 is necessarily the return path.  Accordingly,                   
               Sudo simply does not disclose a loop circuit, as                       
               claimed.                                                               

               In view of the foregoing, the obviousness rejection of                 
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