Ex Parte McKinnell - Page 6



         Appeal No. 2006-2218                                                       
         Application No. 10/029,649                                                 
         respect to claims 1, 10, 15 and 33, we sustain the 35 U.S.C.               
         § 103(a) rejection of these claims, as well as dependent claims            
         3, 4, 6-9, 14, 16 and 34 over Merchant and Terasawa.                       
              Turning now to the rejection of the remaining claims under            
         35 U.S.C. § 103 over Merchant, Terasawa and Ohara, Appellant, in           
         addition to the same arguments presented above with respect to             
         claims 1, 10 and 15, further asserts that the gold layer in Ohara          
         merely bonds the cap layer and cannot cure the deficiencies of             
         Merchant and Terasawa (Br. 25-26).  We find that Ohara describes           
         the bonding layer between a silicon substrate and a silicon cap            
         layer using gold in combination with one of Ti, Al, Ta, etc.               
         (Ohara, col. 8, ll. 53-61) for reducing the natural oxide film on          
         the silicon substrate.  Contrary to Appellant’s position (Br.              
         25), the absence of an integrated circuit in the silicon cap               
         layer of Ohara is irrelevant since bonding two substrates                  
         including integrated circuits is taught by the combination of              
         Merchant and Terasawa, as discussed above.  The Examiner relies            
         on Ohara for teaching the ratio of the oxide affinity material to          
         the interfacing gold that is taught by their respective                    
         thicknesses (Ohara, col. 8, ll. 56-61).  Accordingly, we sustain           
         the 35 U.S.C. § 103 rejection of claims 2, 11 and 17 over                  
         Merchant, Terasawa and Ohara.                                              
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