Ex Parte Newman et al - Page 5

                Appeal 2007-1363                                                                              
                Application 10/637,419                                                                        

                      Accordingly, the issues presented in the record of this appeal are as                   
                follows: (1) does Raiser disclose a height of at least one die attach fillet that             
                is in the range of approximately 0% to approximately 75% of said at least                     
                one die side thickness at a location of at least 25% inboard as required by                   
                claim 1 on appeal (or within the range of 33% to 75% as required by claim                     
                21 on appeal)? ; and (2) is the underfill material 26 disclosed by Raiser “die                
                attach material” within the scope of claim 1 on appeal?                                       
                      We determine that the Examiner has established a prima facie case of                    
                anticipation in view of the disclosure of Raiser, which prima facie case has                  
                not been adequately rebutted by Appellants’ arguments.  Therefore, we                         
                AFFIRM the rejection based on § 102(e) over Raiser for the reasons stated                     
                in the Answer, as well as those reasons set forth below.  We also determine                   
                that the Examiner has established a prima facie case of obviousness in view                   
                of Raiser.  Since Appellants present the same arguments for the § 103(a)                      
                rejection over Raiser as presented for the § 102(e) rejection (Br. 17), we                    
                AFFIRM this rejection for the same reasons as discussed below and in the                      
                Answer.                                                                                       
                                                 OPINION                                                      
                      A. The Rejection under § 102(e)                                                         
                      We determine the following factual findings from the record in this                     
                appeal:                                                                                       
                      (1) Raiser discloses a semiconductor chip package base or substrate                     
                          14 having a die attachment area between the substrate and the                       
                          integrated circuit 12 (silicon die) which has at least one side and at              
                          least one edge where an amount of die attach material (underfill)                   
                          38/26 is provided to result in at least one portion of the die attach               

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