Ex Parte Bathan et alDownload PDFPatent Trial and Appeal BoardApr 28, 201411744062 (P.T.A.B. Apr. 28, 2014) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE _________ BEFORE THE PATENT TRIAL AND APPEAL BOARD __________ Ex parte HENRY DESCALZO BATHAN, ZIGMUND RAMIREZ CAMACHO, LIONEL CHIEN HUI TAY, and FREDERICK RODRIGUEZ DAHILIG __________ Appeal 2011-009435 Application 11/744,062 Technology Center 2800 ___________ Before BRADLEY R. GARRIS, ADRIENE LEPIANE HANLON, and BEVERLY A. FRANKLIN, Administrative Patent Judges. HANLON, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-009435 Application 11/744,062 2 A. STATEMENT OF THE CASE The Appellants appeal under 35 U.S.C. § 134 from an Examiner’s decision rejecting claims 1-3 and 6-9. Claims 4, 5, and 10-20 are also pending but have been withdrawn from consideration. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. The subject matter on appeal is directed to a method of manufacturing an integrated circuit package system. Representative claim 1 is reproduced below from the Claims Appendix of the Appeal Brief dated January 22, 2011 (“App. Br.”). The limitation at issue is italicized. 1. A method of manufacturing an integrated circuit package system comprising: connecting an integrated circuit die, having a non-active side, with an external interconnect; forming a first encapsulation having a device cavity with the integrated circuit die in the device cavity exposing the non-active side; mounting a device in the device cavity over the integrated circuit die; and forming a cover over the device and having a non-horizontal cover side facing a non-horizontal encapsulation side of the first encapsulation. The claims on appeal stand rejected as follows:1 claims 1 and 6 under 35 U.S.C. § 102(b) as anticipated by Tsai2; claim 3 under 35 U.S.C. § 103(a) as 1 In the Examiner’s Answer dated March 3, 2011 (“Ans.”) at 3, the Examiner withdrew the rejection of claim 2 under 35 U.S.C. § 103(a) as unpatentable over Tsai (US 6,713,857 B1, issued March 30, 2004) in view of Ho (US 2005/0224968 A1, published October 13, 2005) and indicated that claim 2 is objected to as being dependent upon a rejected base claim. 2 US 6,713,857 B1, issued March 30, 2004. Appeal 2011-009435 Application 11/744,062 3 unpatentable over Tsai in view of Shim3; claims 7 and 8 under 35 U.S.C. § 103(a) as unpatentable over Tsai in view of Shin4; and claim 9 under 35 U.S.C. § 103(a) as unpatentable over Tsai in view of Shirakawa.5 B. DISCUSSION The sole issue on appeal is whether the Examiner reversibly erred in finding that Tsai describes a cover “having a non-horizontal cover side facing a non- horizontal encapsulation side of the first encapsulation” as recited in claim 1.6 The Examiner relies on two definitions of “to face” to support a finding that Tsai describes a cover as recited in claim 1. The first definition is “‘to occupy a position with the face toward’” (provided by “thefreedictionary.com”), and the second definition is “‘to have the front oriented toward’” (provided by the Appellants in an Information Disclosure Statement dated January 22, 2011). Ans. 9. Apparently relying on these definitions of “to face,” the Appellants contend: [A] “plain meaning” interpretation of Appellants’ claim limitation of “a non-horizontal cover side facing a non-horizontal encapsulation side” requires Appellants’ “non-horizontal cover side” to face or be oriented towards Appellants’ “non-horizontal encapsulation side” . . . . Reply Br. 57; see also App. Br. 12-13. 3 US 2005/0090050 A1, published April 28, 2005. 4 US 2005/0205979 A1, published September 22, 2005. 5 US 2004/0089859 A1, published May 13, 2004. 6 Claim 6, the other independent claim on appeal, also recites a method of manufacturing an integrated circuit package system comprising, inter alia, the step of “forming a cover over the first device and having a non-horizontal cover side facing a non-horizontal encapsulation side of the first encapsulation . . . .” App. Br., Claims App’x. Appeal Applica T 2, repro horizon T FIGS. 3 accorda shaded horizon 7 Reply 2011-0094 tion 11/74 he Appell duced belo tal encapsu Appella urning to T E, reprodu nce with th areas of co tal cover s Brief date 35 4,062 ants refer t w, to illus lation sid nts’ annot an in sai, the E ced below e applican ver (251) ide facing d May 3, 2 o arrows 2 trate “a no e” as recite ated FIG. tegrated ci xaminer fi , have sur t’s definit and first e a non-hori 011. 4 A and 2B n-horizon d in claim 2 depicts a rcuit pack nds the sh faces “‘ori ion [of ‘to ncapsulati zontal enc in the App tal cover s 1. Reply cross-sec age system aded areas ented tow face’]” an on (25) as apsulation ellants’ a ide facing Br. 7. tional view . of Tsai’s ard’ each o d interpre reading on side.’” A nnotated F a non- of annotated ther in ts “any of a “non- ns. 9-10. IG. the Appeal Applica R Appella encapsu T figures, parallel encapsu the sam the shad FIG. 3E encapsu T Shiraka Therefo C T 2011-0094 tion 11/74 Tsai’s eferring to nts argue t lation side he Appell the shaded planes and lation side e direction ed encaps , the shade lation side he Examin wa in the § re, the § 1 . DEC he decisio 35 4,062 annotated an in the shade hat the no of the firs ants’ argum cover sid the shade . In the fi as the sha ulation sid d cover si . For thes er does no 103(a) re 03(a) rejec ISION n of the Ex FIGS. 3E tegrated ci d areas in n-horizont t encapsul ent is sup e and the d cover si rst annotat ded encap e as recite de is orien e reasons, t make fin jections on tions are n aminer is RE 5 depict a c rcuit pack the annota al cover si ation as re ported by shaded enc de is posit ed Tsai FI sulation si d in claim ted away, the § 102( dings bas appeal th ot sustain reversed. VERSED ross-secti age system ted figure de does no cited in cl the record apsulation ioned abov G. 3E, the de and thu 1. In the not toward b) rejectio ed on Shim at cure the ed. onal view . s reproduc t face a no aim 1. Re . In both side are l e the shad shaded co s is not or second ann , the shad n is not su , Shin, an deficienc of ed above, n-horizon ply Br. 8-9 annotated ocated in ed ver side fa iented tow otated Ts ed stained. d/or y in Tsai. the tal . ces ard ai Appeal 2011-009435 Application 11/744,062 6 cdc Copy with citationCopy as parenthetical citation