Appeal 2007-0998
Application 10/708,066
Toy discloses an electronic chip assembly comprising a single chip
module with chip device 16 connected to substrate 10 and lid 20. Heat sink
50 is mounted to the lid 20 via conductive adhesive 51 (Toy, col. 5, ll. 42-
44; Fig. 1).3 Lid 20 is made of a material with high thermal conductivity
(e.g., aluminum) (Toy, col. 2, ll. 1-2) and can have integral standoffs 21
(Toy, col. 5, ll. 63-66; col. 6, l. 9). In one embodiment, lid 20 has a greater
horizontal extent than the lid in Fig. 4 and also functions as a thermal
spreader (Toy, col. 8, ll. 4-6; Figs. 4-5).
PRINCIPLES OF LAW
Anticipation is established only when a single prior art reference
discloses, expressly or under the principles of inherency, each and every
element of a claimed invention as well as disclosing structure which is
capable of performing the recited functional limitations. RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir. 1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721
F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983).
In rejecting claims under 35 U.S.C. § 103, it is incumbent upon the
Examiner to establish a factual basis to support the legal conclusion of
obviousness. See In re Fine, 837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988). In so doing, the Examiner must make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S. 1, 17, 148
USPQ 459, 467 (1966). Furthermore, “‘there must be some articulated
3 Although the heat sink 50 is illustrated only in Fig. 1 of Toy, the heat sink
is nevertheless included in other embodiments shown in Figs. 2-5 (Toy, col.
5, ll. 55-58).
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