Ex Parte Farnworth et al - Page 10


               Appeal 2007-2503                                                                           
               Application 10/225,978                                                                     

               bond pads with nickel-containing bumps.  In particular, the Examiner found                 
               that Asazu describes a semiconductor die having a plurality of bond pads                   
               with substantially homogeneous, nickel-containing bumps having gold over                   
               the nickel.  (Anwer at 3-4).  While Asazu states that conductor leads are                  
               attached to its bumps, the Examiner found that one of ordinary skill in the art            
               would have been guided to protect the device by employing an encapsulated                  
               wire, such as that described by Shibasaki, in place of the conductor leads                 
               (Id.).                                                                                     
                     Micron contends that Asazu fails to teach or suggest at least one bond               
               wire extending from the substantially homogeneous bump.  Micron states                     
               that leads and bond wires are not known equivalents in the art and that there              
               is no reasonable expectation of success using bond wires to connect Asazu’s                
               device.  (Appeal Br. at 11-12).  The Examiner disagrees stating that one of                
               ordinary skill in the art would recognize such an equivalence as both Asazu                
               and Shibasaki connect similar bump configurations on their respective chips.               
               (Answer at 7-8).  Micron did not respond to this Examiner finding in its                   
               Reply Brief and Micron’s Appeal Brief did not identify evidence to support                 
               its contention.  Based upon the record presented, we find that Micron has                  
               failed to establish that one of ordinary skill in the art would fail to                    
               understand that encapsulated wire bonds could be used in place of the                      
               conductor leads of Asazu.  Rohm & Haas Co. v. Brotech Corp., 127 F.3d                      
               1089, 1092, 44 USPQ2d 1459, 1462 (Fed. Cir. 1997)(Nothing in the rules or                  
               in jurisprudence requires trier of fact to credit unsupported or conclusory                
               assertions).                                                                               



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