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            COMMISSIONER'S DECISION

 

SUPPORT IN THE DISCLOSURE; OBVIOUSNESS - Semi Conductor Assembly

 

The inventions claimed are semi-conductor circuits, and apparatus to make them.

They were refused for obviousness, and under Rule 25 for inadequate disclosure.

It was concluded that the drawings did provide the necessary support, and since

the process deletes two steps from that required in the prior art (thereby making

it more suitable for automation), ingenuity is present.

 

Final Action: Reversed

 

                  ********

 

Patent application 177,075 (Class 356-131), was filed on July 23, 1973

for an invent-ion entitled "Method And Apparatus For The Assembly Of

Semiconductor Devices." The inventor is Terry W. Noe, assignee to Texas

Instruments Incorporated. The Examiner ire charge of the application

took a Final Action on August 2, 1977 refusing to allow it to proceed

to patent. In reviewing the rejection, the Patent Appeal Board held a

Hearing on July 25, 1979 and at which the Applicant was represented by

Mr. J. Baker.

 

The subject matter of this application relates to an integrated circuit

package capable of being produced by automation. The drawings are as

follows:

 

(see formula I, II, III, IV, V)

 

       Film 11 has interconnect patterns to which semiconductor chips 31 are

       attached. When the film is in position a punch 33 is driven through a die 35

       to cut the semiconductor and move it to a lead frame strip 21. At the same

       time bonding tool 41 is elevated. to solder lead ends 22 with the bonding

       areas 17.

 

       In the Final Action the Examiner rejected claims 1 to 5 in view of cited

       art, common knowledge of semiconductor manufacture, and for lack of support

       under Rule 25. Claim 6 was similarly rejected except that Rule 25 was not

       applied to it. The reference applied to reject the claims is a publication

       entitled:

 

       "IC's on Film Strips Lend Themselves to Automatic Handling"

       S.E. Scrupski

       Electronics, February 1, 1971, pages 44-43.

 

       Two references of interest were also cited. They are:

 

       Publication

 

       "Applications of Polyimide Materials in

       Electronic Circuitry"

       J.R. Cannizaro

       Solid State Technology, November 1969, pages 31-39.

 

       Canadian Patent

       837,800    Mar. 24, 1970     R.W. Helda

 

       In the Final Action the Examiner rejected claim 6 using a detailed side-by-side

       comparison with the Scrupski reference. Claims 1 to 5 were also refused and

       the Examiner had this to say about them (in part):

 

...

 

       Regarding process claims 1-5 the Applicant argues as follows in

       his last letter:

 

       X) Bonding of the chip is done by pulsing a current in the

       Scrupski publication.

 

Y) Original claim 2 includes the phrase "said separation

being achieved by means of the motion of said punching

means as it approaches said bonding tool". This

passage supports the statement that the process step

of severing the thin film interconnect and the bonding

of the interconnect: to the lead frame is done "with

a single motion punching means." The applicant

holds that this method is inherent in the original

disclosure.

 

Z) Scrupski does not suggest applicant's reflow soldering

step.

 

With regard to part (X) the examiner is in complete agreement

with the applicant, as is also shown in the first sentence

of part (1) of true previous Office Action.

 

With regard to part (Y) the examiner maintains that there is

no suggestion nor any support whatsoever in the application

for a single motion punching means.  Examination of page 4~

of Scrupski shows that when a chip is in position above a

lead frame, a temporary support moves in horizontally between

the two strips (interconnect film and lead frame) and a head

comes down to shear the leads out of the film. Thereafter,

the support moves back and the head holds the chip with

vacuum and then moves all the way down to the lead frame.

A quick tack of the leads then is made...

 

Clearly, Scrupski describes a dual motion punching means

which achieves separation of the thin film interconnect by

means of said punching means as it approaches the bonding tool.

However, only during the second downward motion of the

punching means is the interconnect bonded to the lead frame.

 

The last underlined passage describes exactly Scrupski's dual

motion method. Yet the applicant claims that the identical

passage in his original claim 2 supports a single motion punch-

ing means.

 

As the disclosure is of no further avail in deciding whether

a single notion punching means is disclosed, perhaps a look

at the drawings can help. Figures 3 to 5 show consecutive

punch positions. It is noted that the shearing die is completely

removed in Figure 4, just as Scrupski describes the method in

his article. Thus the present application clearly shows and

describes a dual motion punching means for severing the thin

film interconnect and bonding it to the lead frame where the

sheared unit is transferred by punch to a position in mated

contact with one unit of the lead frame strip.

 

The newly submitted matter on page 2 of this application is

refused for non-support in accordance with Rule 52 and must be

deleted.

 

With regard to item (Z) the difference between Scrupski's and

applicant's methods of bonding were pointed out in part (1)

of the previous Office Action. Scrupski prefers to use a separate

pressure and solder reflow operation to join the TF

 

       interconnect to the lead frame. The applicant in his original

       claim 1 and in a later amended version uses a combined pressure

       and solder reflow operation. How exactly pressure is applied

       during reflow soldering has never been explained. The word

       "pressure" was merely dropped from the claim and substituted

       with "temperature". Obviously the important parameter in

       reflow soldering is temperature. Thus contrary to applicant's

       statement that "Scrupski does not suggest applicant's reflow

       soldering step", it appears that the applicant has benefitted

       from Scrupski's reflow soldering process.

 

...

 

       In response to the Final Action the applicant deleted claim 6 and presented

       new claims 1 to 5. An affidavit from a Mr. Jones G. Harper was submitted and

       the Applicant made the following arguments:

 

       The G.E. Process and related technology was purchased from

       General Electric by the present applicant, Texas Instruments,

       and represents the forerunner of the technology described in

       the present application. T.I., in attempting to incorporate

       the G.E. Process into their operations found that it had certain

       quite severe deficiencies. One of these was that the interconnect

       patterns tended to rupture, thereby creating open circuits. This

       rupturing was especially prevalent during thermal testing of the

       completed product.

 

       A second serious problem with the G.E. Process was that the

       bonding tip system which they disclosed as being "pulsed" thereby

       generating a cyclic temperature variation tended to be very

       unreliable in terms of providing a secure bond at all of the

       bonding positions. This created an exceedingly high ratio of

       defective parts.

 

       The T.I. Research group set about to solve the defects in the G.E.

       Process and the present invention is the result of those efforts.

       In the technology provided to T.I. by G.E. the interconnect

       pattern was in fact being formed using copper foil formed by

       an electrodeposition process. Whether or not this is stated in

       the article referred to by the Examiner, it is in fact so as

       can be attested to by a sworn statement if necessary.

 

       T.I. found that the solution to the rupturing of the interconnect

       pattern was to use copper foil made by a rolling technique rather

       than copper foil made by an electrodeposition technique. Rolled

       copper foil is a well-known material which has long been available

       and is formed by rolling copper on a hot mill. It is well known

       that copper can be hot rolled to thicknesses of as little as

       0.001-0.002 inch. It was found that because the rolled copper

       foil has a distinctly different pattern of atomic bonding, it

       was much more capable than electrodeposited copper foil of

       resisting rupture due to thermal cycling stresses. Thus, it solved

       the problem of the rupturing of the copper interconnect pattern.

...

 

       Thus, the G.E. Process which was acquired by T.I. clearly

       did have deficiencies which made it impractical for

       commercial use. Through the use of ingenuity which was clearly

       beyond normally expected skill, T.I. by way of novel procedures

       satisfactorily solved the deficiencies such that a procedure

       was obtained which is commercially useful. Such procedure is

       described in amended claim 1.

 

...

 

       At the Hearing Mr. Baker presented a new claim 1 and an affidavit from

       Mr. K. Wolford.

 

       The question before the Board is whether or not the Applicant has made a

       patentable advance in the art, and also whether there is sufficient support

       in the disclosure for what is claimed.

 

       Our first consideration is that of non-support.

 

       On page 5 of the Final Action the Examiner sets forth his reasons for

       refusal under Rule 25 of the Patent Rules. He indicates that Scrupski

       "achieves separation of the thin film interconnected by means of said punching

       means as it approaches the bonding tool," which is claimed in Applicant's

       original claim 2, as supporting a single motion punching means. He goes on,

       stating that the "disclosure is of no avail in deciding whether a single punch

       means is disclosed". Figures 3 to 5 of the drawings were also discussed and it is

       noted that the "shearing die is completely removed in Figure 4, just as

       Scrupski describes the method in his article".

 

       In arguing his case Mr. Baker stated that the Applicant's "process does operate

       with punch 33 moving downwardly through the shearing die 35, and continuing

       its downward path until it contacts the lead frame strip 21". To support this

       position he quoted from page 3 lines 16 to 21 where a brief description

       of the punching means is found and from page 5, line 16 to page 6, line 4 where

       the more detailed punch description is located.

 

We have carefully studied the drawings, as well as the pages of disclosure

referred to by Mr. Baker. From figures 3, 4 and 5 of the application we

see the sequence of movement of the punch, the bonding tool and the

position of the shearing die. Since the punch is shown in phantom on its

downward movement in figure 3, we conclude that the shearing die is in a

stationary fixed position. Combining the drawings with the disclosure,

statements on page 3 lines 16 to 21 and page 5 line 16 to page 6 line 4

leads us to conclude that a single motion punching means is used, and

the rejection under Rule 25 should be withdrawn. Perhaps if both the lead

strip and the film strip were shown in each drawing, and the line of punch motion

would he on the same vertical line in all drawings, It would be clearer and

easier to understand figures 3, 4 and 5. Further, in figure 5 the chip 31

should not be shown in the withdrawing punch.

 

Another question that has arisen involves the alignment accuracy of the film

and lead frame. On page 3 of the disclosure at line 8 Applicant states:

"While supplying both the lead frame and interconnect pattern (with the semi-

conductor ship attached) in strip form from large reels, successive units

are indexed in exact alignment with each other by sprocket drive means."

On page 6 at line 3 the Applicant states the "two strips are indexed in

registration." Scrupski states at page 47 that "a metal strip or dual in-line

lead frames is aligned via the indexing holes." From these statements we

conclude that acceptable alignment accuracy is obtained by the use of the

sprocket drive holes.

 

In the Final Action the Scrupski publication and common knowledge of semi-

conductor manufacture were applied in the rejection of claims 1 to 5.

Scrupski describes the process of attaching chips to dual in-line lead frames

on page 47 in column 2 as follows:

 

A metal strip of dual in-line lead frames is aligned, via

the indexing holes, with the film strip holding the Multibonded

chips. When a chip is in positron above a lead frame, a

temporary support moves out horizontally between the two

strips and a head comes down to shear the leads out of the

film. The support then moves back; the head holds the chip

with vacuum and then moves all the way down to the lead

frame. A quick tack of the leads then is made and the lead

frame strip moves on to the next station for reflow soldering.

 

A comparison of Scrupski's process with that of this application does show

some essential differences. First, Scrupski has movement of the temporary

support horizontally between the two strips. Secondly, the "support

then moves back," and thirdly, there is the quick tack of the leads. Then

the. lead frame strip moves on to the next station for reflow soldering",

Each of these movements require a slight time pause in an automated process.

By contrast Applicant's process provides the finished product with the single

punch motion downward and sequential upward movement of the bonding tool for

reflow soldering. This, in our view, would be more desirable than what is

described in Scrupski.

 

Evidence of commercial success of the Applicant's process is outlined in

the affidavit from Mr. K. Wolford, which was submitted at the Hearing.

This affidavit states that assembly line production embodying the invention

has been commercially successful for a period of more than 5 years. It also

indicates that the S.E. Scrupski apparatus was not capable of commercial

operation at that time.

 

The other affidavit from Mr. G. Harper, which accompanied the response to

the Final Action, outlines the problems of the Scrupski process, and the

steps taken by Texas Instruments to overcome these problems. At the Hearing

the Examiner questioned whether Applicant was merely trying to patent the

proprietary process purchased from G.E. Mr. Harper declares in paragraph 2

of his affidavit that the technology purchased from G.E., what is described

in Electronics February 1, 1971 pages 44-48 was found to have certain de-

ficiencies in terms of commercial utility. Clearly, the process obtained

by T.I. from G.E., was that described in the Scrupski. publication, and it

did have the deficiencies which apparently have now been overcome by T.I.

 

At the Hearing Mr. Baker presented a new claim 1 to replace existing claim 1.

It reads as follows:

 

In a process for the fabrication of integrated circuit

assemblies, wherein a plurality of semiconductor chips are

attached to a strip of flexible dielectric film having

a corresponding plurality of conductive interconnect

patterns of rolled copper laminated thereon, the improved

method of attaching the interconnect patterns to an external

lead frame strip including a plurality of lead frame units

integrally joined comprising the steps of:

 

coating the appropriate portions of the lead frame

strip and the interconnect patterns with a

subtable low-melting metal or alloy; placing in

alignment (1) the to-be-bonded portions of one of

said interconnect patterns, (2) the corresponding

portions of a lead frame unit, (3) a heated bonding

tool maintained at an essentially constant temperature

well above the melting temperature of said low-melting

metal or alloy, (4) a punching means shaped to mate

with the bonding tool, and (5) a shearing means between

said punching means with said bonding tool, shaped

to mate with said punching means, advancing said

punching means toward said bonding tool, thereby severing

said one interconnect pattern from said strip of flexible

dielectric film by causing an engagement of said punching

means with said shearing means; and then continuing said

advancement of said punching means, with said interconnect

pattern in place thereon, and by bringing said punch

means and heated bonding tool in close proximity, sand-

wiching the interconnect pattern and the lead frame

therebetween at a temperature and for a time sufficient

to temporarily reflow and low-melting metal or alloy,

thereby completing the bond.

 

This claim specifies a process of fabrication of integrated circuit assemblies,

where chips are attached to a dielectric film having corresponding conductive

interconnect patterns of rolled copper laminated thereon. This includes the

steps of continuing the advancement of the punching means and bringing the punch

means and heated bonding tool in close proximity for a time sufficient to

temporarily reflow the low melting metal, thereby completing the bond. The

cited art dues not teach this specific combination, and in view of the

statements in the affidavit, we do not find it obvious therefrom

 

Accordingly claim 1, as submitted at the Hearing, is, we believe, allowable,

and we recommend that it be accepted.

 

Having recommended that the rejection under Rule 25 be withdrawn, we are

also satisfied that the Applicant has made a patentable advance in the

art. On the basis of the art cited there is, in our view, sufficient ingenuity

that the Commissioner ought not to refuse a patent (cf Crosley Radio

Corporation v Canadian General Electric (1936) S.C.R. 551 at 560). Consequently

we recommend that the objections made be withdrawn and that claim 1 and

dependent claims 2 to 5 inclusive be accepted.

 

G.A. Ashen                    S.D. Kot

Chairman                      Member

Patent Appeal Board, Canada

 

I have carefully reviewed the prosecution of this application and considered

the recommendation of the Patent Appeal Board. I concur with the reasoning

and findings of the Board. Accordingly, I withdraw the Final Action and

return the application to the Examiner for resumption of prosecution.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

 

this 19th. day of November, 1979

 

Agent for Applicant

 

Kirby, Shapiro, Eades & Cohan

Box 2705, Stn. D

Ottawa, Ont.

K1P 6H2

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