Ex Parte Chen et al

Board of Patent Appeals and Interferences

Jan 9, 2009

11011426 (B.P.A.I. Jan. 9, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
_________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte CHIEN-HUA CHEN,
TROY D. SCHWINABART, and DAVID M. CRAIG
__________

Appeal 2008-6200
Application 11/011,426
Technology Center 2800
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Decided: January 09, 2009
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Before ADRIENE LEPIANE HANLON, PETER F. KRATZ, and
JEFFREY T. SMITH, Administrative Patent Judges.

HANLON, Administrative Patent Judge.

DECISION ON APPEAL

A. STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134 from an Examiner’s final
rejection of claims 12-27, all of the claims pending in the application. We
have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM.

Appeal 2008-6200
Application 11/011,426

The following Examiner’s rejection is before us for review:
Claims 12-27 are rejected under 35 U.S.C. § 102(e) as anticipated by
Enquist.1
Claim 12, the only independent claim on appeal, is representative of
the subject matter on appeal and reads as follows:
12. A process of plasma bonding an electronic component
package, comprising:

activating an electronic component container sealing
surface and a lid sealing surface with a nitrogen plasma; and

contacting the electronic component container sealing
surface and the lid sealing surface to form a hermetic seal.

App. Br. 13, Claims Appendix.2
B. ISSUE
Does Enquist describe a plasma bonding process that uses a nitrogen
plasma as recited in claim 12?
C. FINDINGS OF FACT
The following findings of fact are supported by a preponderance of
the evidence. Additional findings of fact as necessary appear in the Analysis
portion of the opinion.
Enquist
Enquist discloses a method for encapsulating an electronic device.
Enquist 2:53-55.

1 US 6,822,326 B2 issued to Enquist et al. on November 23, 2004.
2 Appeal Brief dated August 2, 2007.
2
Appeal 2008-6200
Application 11/011,426

As shown in Figure 3A, the bottom surface of cover 10 and the
surface of carrier 4 are brought into direct contact and bonded to form a
hermetic seal. Enquist 8:1-6.
Enquist discloses that the surfaces are preferably activated to enhance
bonding. The activation process can include a very slight wet or dry
chemical (i.e. plasma) etch. Enquist 10:23-26.
The very slight etch (VSE) process can consist of a gas or mixed gas
(such as oxygen, argon, nitrogen, CF4, NH3) plasma process. The plasma
process may be conducted in different modes of plasma operation. Both
reactive ion etch and plasma modes such as an inductively-coupled plasma
mode can be used. Plasma sputtering can also be used. Enquist 12:37-43.
D. PRINCIPLES OF LAW
“To anticipate a claim, a prior art reference must disclose every
limitation of the claimed invention, either explicitly or inherently.” In re
Schreiber, 128 F.3d 1473, 1477 (Fed. Cir. 1997).
E. ANALYSIS
The Examiner found that Enquist discloses:
A process of plasma bonding an electronic component package,
comprising: activating an electronic component container
sealing surface (Fig. 10A, ref. 90) and a lid sealing surface (Fig.
10A, ref. 95) with a nitrogen plasma (Col. 10, lines 23-42)[3];
and contacting the electronic component container sealing
surface and the lid sealing surface to form a hermetic seal (Col.
19, lines 20-21 & 36-38).

3 At column 10, lines 30-32, Enquist discloses that “[t]he activation process
can include exposing the prepared surfaces to one of an oxygen, argon, NH3
and CF4 plasma process.”
3
Appeal 2008-6200
Application 11/011,426

Ans. 3.4
The Appellants argue that Enquist does not disclose “a nitrogen
plasma” as recited in claim 12. Rather, referring to column 10, lines 30-32
of Enquist, the Appellants argue that Enquist discloses “an ammonia (NH3)
plasma,” and ammonia (NH3) and nitrogen are not the same chemical
species. App. Br. 11; Reply Br. 105. The Appellants do not otherwise point
to any error in the Examiner’s findings.
We find that Enquist describes “a nitrogen plasma” within the scope
of claim 12. In particular, Enquist discloses that the prepared surfaces of an
electronic device carrier are preferably activated to enhance bonding.
Enquist 10:23-24; Fig. 4. Enquist discloses:
The activation process can include a very slight wet or dry
chemical (i.e. plasma) etch, to be discussed in more detail
below.

Enquist 10:23-26.
Enquist discloses that a limited number of plasma gases are used in
the very slight etch process. According to Enquist:
The VSE [very slight etch] process can consist of a gas or
mixed gas (such as oxygen, argon, nitrogen, CF4, NH3) plasma
process at a specified power level for a specified time.
[Emphasis added.]

Enquist 12:37-39.
Thus, based on the record before us, we find that Enquist expressly
discloses using a nitrogen plasma to activate the sealing surfaces of a
container or device carrier as recited in claim 12. Cf. In re Hedges, 783 F.2d

4 Examiner’s Answer dated January 29, 2008.
5 Reply Brief dated April 1, 2008.
4
Appeal 2008-6200
Application 11/011,426

1038, 1039 (Fed. Cir. 1986) (Solicitor should not be constrained from
pointing to other portions of a reference in contravention of Appellant’s
position).
F. DECISION
The rejection of claims 12-27 under 35 U.S.C. § 102(e) as anticipated
by Enquist is affirmed.

No time period for taking any subsequent action in connection with
this appeal may be extended under 35 U.S.C. § 1.136(a) (2008).

AFFIRMED

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HEWLETT PACKARD COMPANY
P O BOX 272400, 3404 E. HARMONY ROAD
INTELLECTUAL PROPERTY ADMINISTRATION
FORT COLLINS, CO 80527-2400

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