Ex Parte 4682857 et al - Page 22

                Appeal 2006-3235                                                                                
                Reexamination Control No. 90/006,696                                                            

           1           35.  The article does not mention using either hot spot detection in                     
           2    general or the disclosed hot spot detection method for applications other than                  
           3    failure analysis.                                                                               
           4           Jung’s and Lim’s Rule 132 declarations (Br. Exs. F and G)                                
           5           36.  Jung and Lim each claim to be a person having ordinary skill in                     
           6    the art of failure analysis.  Jung Decl. para. 3; Lim Decl. para. 1.                            
           7           37.  Jung testified that the ‘857 patent is “exclusively within the field                
           8    of semiconductor failure analysis” and that “the term ‘detecting hot spot’ in                   
           9    claim 11 of the ‘857 patent has the same meaning as in the field of semi-                       
          10    conductor failure analysis.”  Jung Decl. para. 8.  Lim similarly testified that                 
          11    “in the ’857 patent specification, the term ‘hot spot detection method’ means                   
          12    nothing but a failure analysis method.”   Lim Decl. para. 5.                                    
          13           38.  Both declarants testified that a person having ordinary skill in                    
          14    failure analysis would have understood that the hot spot detection method                       
          15    disclosed in the ‘857 patent necessarily includes locating the center of the                    
          16    hot spot in order to identify the site of a failed component whose location                     
          17    was not previously known.  Jung Decl. paras. 6-10; Lim Decl. paras. 3-10.                       
          18    Both declarants base that testimony on the example of a shorted diode given                     
          19    in the ‘857 patent specification and on the Hiatt and Fleuren articles.  Jung                   
          20    Decl. paras. 9-10; Lim Decl. paras. 6-10.                                                       
          21           39.  Jung does not address Stephens or Sinnadurai, which describe                        
          22    using hot spot detection to generate isotherms and thermal profiles of                          
          23    nondefective devices.  Lim discusses Stephens and Sinnadurai without                            
          24    acknowledging that aspect of their disclosures.  Lim Decl. paras. 16-17.                        
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