Ex Parte Derderian - Page 6

                Appeal No. 2007-0068                                                                          
                Application No. 10/230,452                                                                    

                of chip 28 (col. 3, lines 18-24).  As the upper device rests upon the discrete                
                conductive elements, Wu does disclose the claimed arrangement of the                          
                second chip in relation with the discrete conductive elements and therefore,                  
                anticipates claims 1 and 13, as well as dependent claims 2-4, 9, 10, 14, 15,                  
                18, 19, 21, and 22.                                                                           
                              35 U.S.C. § 102(e) rejection of claims over Shim                                
                      Appellant argues that Shim does not anticipate the claims since it                      
                shows upper device 16 resting upon adhesive 44 or spacer strip 50C instead                    
                of upon the bond wires (Br. 11).  The Examiner points out that the adhesive                   
                or the spacer strips are attached to and a part of the upper die, which together              
                rest upon the bond wires 38B (Answer 11).                                                     
                      We again agree with the Examiner that the strips are a part of the                      
                upper device since they are attached to the bottom surface of the upper die.                  
                We also find that the arrangement disclosed in Shim is consistent with the                    
                Appellant’s disclosure and claims, which require the second device rest upon                  
                the discrete conductive elements in electrical isolation therefrom keeping                    
                the discrete conductive elements of the first semiconductor die from short                    
                circuiting with other elements.                                                               




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