Ex Parte FOGAL et al - Page 5



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

          cabling."2  Hence, appellants maintain that such a stacking of an           
          additional set of die would not result in de Givry stacking all             
          the die before bonding wire to the die.  It is our view, however,           
          that although one of ordinary skill in the art may interpret the            
          embodiment of de Givry's Figure 3 as allowing for the stacking of           
          additional die after the first set of four is bonded with wire,             
          one of ordinary skill in the art would also understand that an              
          additional stacking of die is not necessary, i.e., a                        
          semiconductor device comprising a multichip module comprising               
          only a set of four chips depicted in Figure 3 is also described             
          by de Givry.  We agree with the examiner's reasoning that                   
          "[s]ince de Givry never teaches a stack that comprises more than            
          four chips, it can also be said that the de Givry reference                 
          suggests that no additional chip will be stacked on the set of              
          four chips shown in Fig. 3."3  In addition, we find that the term           
          "comprising" of claim 9 opens the claim to additional stacking of           
          die after all the die of one module are bonded.                             
               As for separately argued claim 12, we find no substantive              
          distinction between the claimed steps of "marginally clearing a             
          line of sight" and "clearing a line of sight" and the angular               

               2 Sentence bridging pages 8 and 9 of principal brief.                  
               3 Page 9 of Answer, second paragraph.                                  
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