Ex Parte Lian et alDownload PDFBoard of Patent Appeals and InterferencesAug 20, 200911385086 (B.P.A.I. Aug. 20, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte SEAN LIAN, VIVIAN RYAN, and DEBRA LOUISE YENCHO ____________ Appeal 2009-001794 Application 11/385,086 Technology Center 2800 ____________ Decided: August 20, 2009 ____________ Before MAHSHID D. SAADAT, CARLA M. KRIVAK, and ELENI MANTIS MERCADER, Administrative Patent Judges. KRIVAK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of claims 1-13. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appeal 2009-001794 Application 11/385,086 2 STATEMENT OF THE CASE Appellants’ claimed invention is directed to an integrated circuit including at least one height-sensing pad electrically isolated from die circuitry (Spec. 4:4-10). Independent claim 1, reproduced below, is representative of the subject matter on appeal. 1. An integrated circuit comprising: an integrated circuit die; at least one height-sensing pad disposed on a top surface of the integrated circuit die and electrically isolated from the die circuitry; at least one bond pad disposed on a top surface of the integrated circuit die and electrically connected to the die circuitry, wherein the at least one bond pad is configured for wire- bonding to a lead of a leadframe utilizing a height coordinate of the at least one height-sensing pad; wherein the at least one height-sensing pad is substantially dimensionally identical to the at least one bond pad. REFERENCES Ogura JP 02168638 Jun. 28, 1990 Sakurai JP 06132347 May 13, 1994 The Examiner rejected claims 1-13 under 35 U.S.C. § 103(a) based upon the teachings of Sakurai and Ogura. The Examiner rejected claims 1-3 and 11-13 as being “product by process” claims. Appeal 2009-001794 Application 11/385,086 3 Although the Examiner relies on the language in the claim that “at least one bond pad is configured for wire-bonding to a lead of a leadframe utilizing a height coordinate of the at least one height-sensing pad” as a product-by-process limitation, it is the structural components that are relied upon by the Examiner in rejecting the claims. As discussed below, these structural limitations are not found in the prior art as discussed above. The Examiner finds that Sakurai teaches all the features of Appellants’ claimed invention except that “at least one height-sensing pad is substantially dimensionally identical to the at least one bond pad” (Ans.4). The Examiner then cites Ogura to show that functional pads 3a and non- functional pads (dummy/unused) pads are dimensionally identical (Ans. 5). Appellants have shown that neither Sakurai nor Ogura, alone or in combination, teaches at least one height-sensing pad electrically isolated from die circuitry (App. Br. 4-5; Reply Br. 2). First, Appellants assert, the pads 25a, alleged by the Examiner to be height-sensing pads, are detection pads (App. Br. 4). The detection pads recognize where a semiconductor chip 25 is mounted on a lead frame 21 (Sakurai Fig. 2; ¶ [0023]). Further, the detection pads determine the x-y positioning of the semiconductor chip. Even assuming arguendo that the detection pads of Sakurai are height- sensing pads, the Examiner has not shown where in Sakurai’s Specification the detection pads are electrically isolated from the die circuitry. Ogura teaches dummy/unused electrode pads. However, as Appellants contend, the electrode pads of Ogura are not electrically isolated (App. Br. 5). Although the electrode pads in Ogura are substantially dimensionally identical (according to the figures), the pads are not Appeal 2009-001794 Application 11/385,086 4 electrically isolated from the die circuitry as shown in Figure 1 (more than one electrode pad 3b is connected along with electrode pad 3a to the lead 4). Since neither Sakurai nor Ogura teaches or suggests the features alleged by the Examiner, combining these references would not result in Appellants’ claimed invention. Appellants separately argue dependent claim 7. Since this claim depends from claim 1, it too is unobvious over the combination of Sakurai and Ogura. CONCLUSION The Examiner erred in rejecting claims 1-13 under 35 U.S.C. § 103(a). DECISION The Examiner’s decision rejecting claims 1-13 is reversed. REVERSED KIS Ryan, Mason & Lewis, LLP 90 Forest Avenue Locust Valley, NY 11560 Copy with citationCopy as parenthetical citation