11280971 (B.P.A.I. Mar. 21, 2011)

Ex Parte Lee

Board of Patent Appeals and InterferencesMar 21, 2011

11280971 (B.P.A.I. Mar. 21, 2011)

UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte CHEONHEE LEE _____________ Appeal 2009-008081 Application 11/280,971 Technology Center 2800 ______________ Before, ROBERT E. NAPPI, CARLA M. KRIVAK, and BRADLEY W. BAUMEISTER, Administrative Patent Judges. NAPPI, Administrative Patent Judge. DECISION ON APPEAL1 1The two-month time period for filing an appeal or commencing a civil action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing, as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE” (paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery mode) shown on the PTOL-90A cover letter attached to this decision. Appeal 2009-008081 Application 11/280,971 2 This is a decision on appeal under 35 U.S.C. § 134(a) of the final rejection of claims 1 and 23-39. We have jurisdiction under 35 U.S.C. § 6(b). We reverse the Examiner’s rejection of these claims. INVENTION The invention is directed to a chip scale package with a die paddle containing a flip chip interconnect. See Spec: 1-3. Claim 1 is representative of the invention and is reproduced below: 1. A flip chip lead frame package, comprising: a die paddle having an array of interconnect sites disposed in a central area of the die paddle, the array of interconnect sites formed as islands by patterned etching; a plurality of leads disposed on each side apart from the die paddle; and a semiconductor die having an active surface disposed on the die paddle with the active surface facing the die paddle, the semiconductor die electrically connected to the plurality of leads, the semiconductor die further electrically connected to the array of interconnect sites on the die paddle with thermo-compression bonds by pressing bumps formed on the active surface of the semiconductor die against the array of interconnect sites on the die paddle and heating the bumps and interconnect sites to a temperature to form a metallurgical connection without melting the bumps, wherein the thermo-compression bonds provide heat transfer from the semiconductor die to the die paddle. REFERENCES Suzuki US 4,707,724 Nov. 17, 1987 Appeal 2009-008081 Application 11/280,971 3 Miyano US 5,811,877 Sep. 22, 1998 Takase US 6,028,011 Feb. 22, 2000 Seo US 2002/0020907 A1 Feb. 21, 2002 REJECTIONS AT ISSUE Claims 1, 23, 28, 29, 34, and 35 are rejected under 35 U.S.C. § 102(b) as being anticipated by Seo. Ans. 3-7. Claims 24, 30, and 36 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Seo in view of Harris. Ans. 8. Claims 25, 31, and 37 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Seo in view of Takase. Ans. 8-9. Claims 26, 32, and 38 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Seo in view of Miyano. Ans. 9. Claims 27, 33, and 39 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Seo in view of Suzuki. Ans. 9-10. ISSUE Appellant argues on pages 11-27 of the Appeal Brief that the Examiner’s rejection of claims 1 and 23-39 is in error. Appellant argues that Seo does not disclose forming thermo-compression bonds to form a metallurgical connection without melting the bumps. App. Br. 12. Thus, with respect to claims 1 and 23-39, Appellant’s contention presents us with the issue: Did the Examiner err in finding that Seo Appeal 2009-008081 Application 11/280,971 4 discloses forming thermo-compression bonds to form a metallurgical connection without melting the bumps? ANALYSIS Appellant’s arguments have persuaded us of error in the Examiner’s rejection of claims 1 and 23-39. Claim 1 requires electrically connecting interconnect sites on the die paddle with thermo-compression bonds. Independent claims 28 and 34 contain similar limitations. Appellant argues that Seo does not disclose thermo-compression bonds since Seo’s use of heat and pressure to form electrical connections is solely in the context of bonds formed using anisotropic films and not bumps or balls. App. Br. 12-13. We agree. The Examiner finds that creating thermo-compression bonds without melting bumps is a product-by-process claim. Ans. 4. As such, the claimed invention is patentable as long as the products of the processes of the claimed invention and the reference are not the same. Ans. 4-5. In this case, the Examiner finds that the end products of both the prior art and the claimed invention are the same, i.e., Seo discloses bumps located between the semiconductor die and a die paddle, as claimed. Ans. 10-11. We disagree. Seo’s device uses a reflow process to melt gold or solder balls in order to make an electrical connection. Pg. 2, ¶ [0034]. Seo does not discuss using pressure to make the electrical connection when using gold or solder Appeal 2009-008081 Application 11/280,971 5 balls.2 Nor does Seo disclose making an electrical connection without melting the bumps. The Examiner has not set forth any factual basis to support the legal conclusions that a solder process produces, or that a reflowed solder ball possesses, a thermo-compression bond. As a result, the record contains no evidence that the reference and the claimed invention are structurally identical. Therefore, we will not sustain the Examiner’s rejection of claims 1, 23, 28, 29, 34, and 35. Claims 24-27, 30-33, and 36-39 are also not obvious over the collective teachings of Seo and the other cited references, as none of these references cures the deficiencies of Seo. CONCLUSION The Examiner erred in finding that Seo discloses forming thermo- compression bonds to form a metallurgical connection without melting the bumps. SUMMARY The Examiner’s decision rejecting claims 1 and 23-39 is reversed. 2 The reference does disclose using heat and pressure where an anisotropic conductive film is used to make the electrical connection. Pg. 2, ¶ [0033]. However, the anisotropic process is not commensurate with the scope of the claim. Appeal 2009-008081 Application 11/280,971 6 REVERSED ELD ROBERT D. ATKINS 605 W. KNOX ROAD, SUITE 104 TEMPE, AZ 85284