Ex Parte FOGAL et al - Page 3



          Appeal No. 2003-2104                                                        
          Application No. 09/422,887                                                  

               In accordance with the arguments set forth in appellants'              
          brief, the following groups of claims stand or fall together:               
          (I) claims 7 and 8; (II) claims 9-11; (III) claim 12; (IV) claims           
          13-16; and (V) claim 17.                                                    
               We have thoroughly reviewed each of appellants' arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter is described by                
          de Givry within the meaning of 35 U.S.C. § 102.  Accordingly, we            
          will sustain the examiner's rejection for essentially those                 
          reasons expressed in the Answer.                                            
               de Givry, like appellants, discloses a method of stacking a            
          plurality of die wherein an upper die is mounted on a lower die             
          at an angular offset (see Figure 3 of de Givry).  A principal               
          argument advanced by appellants is that the claimed term                    
          "'minimum' connotes an absolute smallest value" that allows for             
          access to a bonding site on the lower die.1  According to                   
          appellants, de Givry discloses the maximum, not minimum, angles             
          at which the upper and lower die are offset in order to ensure              
          adequate space for accommodating an auxiliary component on the              
          lower die.  However, we concur with the examiner that appellants'           
          argument is not commensurate in scope with the breadth of the               

               1 Page 5 of Reply Brief, third paragraph.                              
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