Ex Parte Malone et al - Page 6



          Appeal No. 2005-2711                                                         
          Application No. 10/028,015                                                   

          limiting it to the orientation of the package with respect to the            
          electrical connections, as Appellants would have wanted us to                
          believe.                                                                     
               Based on our findings above, we agree with the Examiner that            
          Guzuk prima facie anticipates the claimed subject matter in the              
          representative independent claim 1.  Accordingly, we sustain the             
          35 U.S.C. § 102(b) rejection of claim 1 as well as claims 3-8,               
          which fall with their base claim as they have not been separately            
          argued.                                                                      
               We now consider the rejection of claims 1 and 2 as                      
          anticipated by Ueda.  Upon our review of the reference, we remain            
          unconvinced by Appellants that the relied on portion of Ueda does            
          not teach the claimed metallization layer (brief, page 5).  In               
          particular, we find the Examiner’s characterization of layer 53              
          which extends beyond a corner of the upper portion 6 for                     
          indicating an orientation of the package to be reasonable.                   
          Although portion 53 is referred to as the cap connecting pattern             
          (col. 10, line 54), it is an extension of die-attach portion 16,             
          which is conducting metallization layer on the lower portion of              
          the package and is ultimately connected to ground terminal 14                
          9col. 10, lines 48-53).  Therefore, in view of the Examiner’s                

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