Ex Parte FOGAL et al - Page 6



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

          rotation of the reference die which also clears a line of sight             
          to underlying die.                                                          
               The arguments presented by appellants for claims 13-16 and             
          17 are essentially the same as those discussed above.  Also, we             
          agree with the examiner that one of ordinary skill in the art               
          would interpret Figure 3 of de Givry, which depicts no auxiliary            
          components, as possessing a minimum bond pad clearance.  Also,              
          appellants have not established that the relative terminology               
          "minimum bond pad clearance" within the scope of claim 13 does              
          not allow for the accommodation of auxiliary components of the              
          same minimum dimension.  Furthermore, appealed claim 13 does not            
          preclude the presence of auxiliary components and embraces within           
          its scope a minimum bond pad clearance that takes into account              
          the dimensions of the auxiliary components.  Significantly,                 
          claim 13 fails to specify any particular dimension for the                  
          clearance.                                                                  
               Concerning claim 17, appellants have not explained how the             
          orientation of de Givry's Figure 3 embodiment does not define               
          less than the maximum underlying bond pad clearance.  We find               
          that the die of reference Figure 3 could be reoriented to provide           
          greater clearance in some areas.  Again, the relative terminology           


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