throbber
Trials@uspto.gov
` 571.272.7822
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` Paper 8
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` Entered: January 10, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`HUTCHINSON TECHNOLOGY INC.,
`HUTCHINSON TECHNOLOGY OPERATIONS (Thailand) CO., LTD.,
`Petitioners,
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`v.
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`NITTO DENKO CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01625
`Patent 7,923,644
`____________
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`Before THOMAS L. GIANNETTI, CHRISTA P. ZADO, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
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`HAAPALA, Administrative Patent Judge.
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`DECISION
`Denying Institution of Inter Partes Review
`37 C.F.R. § 42.108
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`Hutchinson Technology Incorporated and Hutchinson Technology
`Operations (Thailand) Co., Ltd. (collectively, “Petitioner”) filed a Petition
`pursuant to 35 U.S.C. §§ 311–319 to institute an inter partes review of
`claims 1–4 and 6 of U.S. Patent No. 7,923,644 B2 (“the ’644 patent”).
`Paper 2 (“Pet.”). Nitto Denko Corporation (“Patent Owner”) filed a
`Preliminary Response. Paper 6 (“Prelim. Resp.”). Applying the standard set
`forth in 35 U.S.C. § 314(a), which requires demonstration of a reasonable
`likelihood that Petitioner would prevail with respect to at least one
`challenged claim, we deny Petitioner’s request and do not institute an inter
`partes review of the ’644 patent.
`I. BACKGROUND
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`A. The ‘644 Patent (Ex. 1001)
`The ’644 patent describes a particular type of printed circuit board
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`(suspension board) for aligning the magnetic head of a hard disk drive with a
`desired track of a magnetic disk. See Ex. 1001, 1:7–9, 1:13–15. The printed
`circuit board has reduced characteristic impedances of wiring patterns. Id. at
`1:49–56. Figure 1 is depicted below:
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`Figure 1 is a plan view of a suspension board. Id. at 5:58–59. Suspension
`board 1 includes suspension body 10 formed of a long-sized metal substrate.
`Id. at 6:34–36. Write wiring patterns W1, W2 and read wiring patterns R1,
`R2 are formed on suspension body 10. Id. at 6:36–38. Electrode pads 21,
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`22, 23, 24 are formed on one end of the suspension body and electrode pads
`31, 32, 33, 34 are formed on the other end. Id. at 6:46–49. Electrode pads
`21 to 24 and electrode pads 31 to 34 are electrically connected to one
`another through wiring patterns W1, W2 and read wiring patterns R1, R2,
`respectively. Id. at 6:49–53.
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`Figure 2 of the ’644 patent, as annotated in the Preliminary Response
`(at p. 5), is depicted below:
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`Figure 2 is an annotated schematic diagram showing the configurations of
`write wiring patterns W1, W2. Ex. 1001, 6:65–67. Write wiring pattern 1
`(depicted in red and yellow) is constituted by lines LA4 (first line),
`LA3/LA5 (divided second line), LA1 (third line), and LA2 (fourth line). Id.
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`at 7:1–2. LA1 is connected to electrode pad 21 and LA2 is connected to
`electrode pad 31. Id. at 7:2–4. One end of lines LA3, LA4 are integrated
`with line LA1, and the other end of line LA3 and end of line LA5 are
`electrically connected to each other in intersection region CN1. Id. at 7:5–8.
`Write wiring pattern 2 (depicted in blue and yellow) is constituted by
`lines LB3/LB5 (divided fifth line), LB4 (sixth line), LB1 (seventh line), and
`LB2 (eight line). Id. at 7:11–12. LB1 is connected to electrode pad 22 and
`LB2 is connected to electrode pad 32. Id. at 7:12–13. One ends of lines
`LB3, LB4 are integrated with line LB1, and the other end of line LB3 and
`end of line LB5 are electrically connected to each other in intersection
`region CN2. Id. at 7:14–17.
`Lines LA3, LA4, LB4, and LB5 are in parallel with one another and
`arranged so that LA3 is located between lines LB4, LB5 and LB5 is located
`between lines LA3, LA4. Id. at 7:20–25. LA3 of write wiring pattern W1
`extends to pass through a portion in between the ends of lines LB3, LB5 in
`intersection region CN2, and LB5 of write wiring pattern W2 extends to pass
`through a portion in between the ends of lines LA3, LA5 in intersection
`region CN1. Id. at 7:25–31.
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`B. Illustrative Claim
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`Claims 1 and 6 are independent claims. Claim 1 is illustrative of the
`subject matter of the claims at issue:
`1. A printed circuit board comprising:
`an insulating layer;
`first and second wiring patterns that are formed on one
`surface of said insulating layer and constitute a signal line pair;
`first and second electrode pads that are formed on one
`surface of said insulating layer and are connected to said first
`wiring pattern;
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`third and fourth electrode pads that are formed on one
`surface of said insulating layer and are connected to said second
`wiring pattern;
`a first connecting layer that is provided on the other
`surface of said insulating layer, wherein
`said first wiring pattern has first, second, third and fourth
`lines,
`said second wiring pattern has fifth, sixth, seventh and
`eighth lines,
`one ends of said first and second lines are electrically
`connected to each other and the other ends of said first and
`second lines are electrically connected to each other,
`said third line extends to be branched from the one end of
`said first line or the one end of said second line and is
`connected to said first electrode pad,
`said fourth line extends to be branched from the other
`end of said first line or the other end of said second line and is
`connected to said second electrode pad,
`one ends of said fifth and sixth lines are electrically
`connected to each other and the other ends of said fifth and
`sixth lines are electrically connected to each other,
`said seventh line extends to be branched from the one
`end of said fifth line or the one end of said sixth line and is
`connected to said third electrode pad,
`said eighth line extends to be branched from the other
`end of said fifth line or the other end of said sixth line and is
`connected to said fourth electrode pad,
`said first and second lines of said first wiring pattern and
`said fifth and sixth lines of said second wiring pattern are
`arranged such that any one of said first and second lines is
`located between said fifth and sixth lines and any one of said
`fifth and sixth lines is located between said first and second
`lines,
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`a first intersection region in which said first or second
`line of said first wiring pattern and said fifth or sixth line of said
`second wiring pattern intersect with each other is provided,
`a second intersection region in which said first or second
`line of said first wiring pattern and said fifth or sixth line of said
`second wiring pattern intersect with each other is provided,
`a portion of said first or second line of said first wiring
`pattern positioned in said first intersection region is divided, a
`portion of said fifth or sixth line of said second wiring pattern
`positioned in said first intersection region is arranged on said
`insulating layer to pass through a portion in between divided
`portions of said first or second line of the first wiring pattern,
`said insulating layer has first and second through holes in
`said first intersection region, one of said divided portions of
`said first or second line of the first wiring pattern is electrically
`connected to said first connecting layer through said first
`through hole, and the other of said divided portions of said first
`or second line of the first wiring pattern is electrically
`connected to said first connecting layer through said second
`through hole.
`C. References
`Petitioner relies on the following references:
`1. U.S. Patent No. 8,169,746 B1, issued May 1, 2012 (“Rice”)
`(Ex. 1005).
`2. U.S. Patent No. 5,717,547, issued Feb. 10, 1998 (“Young”)
`(Ex. 1006).
`3. U.S. Patent No. 7,342,750 B2, issued Mar. 11, 2008
`(“Yang”) (Ex. 1007).
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`D. Grounds Asserted
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`Petitioner challenges the patentability of the claims of the ’644 patent
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`over the following combinations of references:
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`Reference(s)
`Rice
`Rice
`Young and Yang
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`Basis
`35 U.S.C. § 102(e)
`35 U.S.C. § 103(a)
`35 U.S.C. § 103(a)
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`Claim(s)
`1, 2, 6
`3, 4
`1–4, 6
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`E. Related Proceedings
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`The parties identify the following civil action involving the ’644
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`patent: Nitto Denko Corporation v. Hutchinson Technology Incorporated,
`C.A. No. 2:16-cv-03595-MF, pending in the United States District Court for
`the District of New Jersey. Pet. 3; Paper 3, 1. Petitioner also filed a second
`petition for inter partes review of the ’644 patent, for which we denied
`institution. Hutchinson Tech. Inc. v. Nitto Denko Corp., IPR2017–01499,
`slip op. (PTAB Dec. 5, 2017) (Paper 8), reh’g filed (Paper 9).
`F. Real Parties in Interest
`Petitioner identifies the following additional real parties in interest:
`1. Magnecomp Precision Technology Public Company Limited
`2. Magnecomp Corporation
`3. Headway Technologies, Inc.
`4. TDK Corporation
`5. TDK U.S.A. Corporation
`6. SAE Magnetics (Hong Kong) Limited
`7. Acrathon Precision Technologies (HK) Limited
`8. Acrathon Precision Technologies (Dong Guan) Co., Ltd
`Pet. 1–3. Patent Owner identifies no additional real parties in interest.
`Paper 3, 1.
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`II. ANALYSIS
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`A. Claim Construction
`In an inter partes review, claims of an unexpired patent are interpreted
`using the broadest reasonable construction in light of the specification of the
`patent in which they appear. See 37 C.F.R. § 42.100(b); Cuozzo Speed
`Techs., LLC v. Lee, 136 S. Ct. 2131, 2144–46 (2016). Under that standard,
`claim terms are generally given their ordinary and customary meaning, as
`would be understood by one of ordinary skill in the art in the context of the
`entire disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed.
`Cir. 2007).
`Petitioner proposes a construction for “connecting layer,” which
`appears in all challenged claims. Pet. 10–11. Patent Owner asserts this term
`can be afforded its plain and ordinary meaning. Prelim. Resp. 9.
`Patent Owner proposes a construction for “extend[] . . . from the . . .
`end,” which appears in certain of the claimed “lines” limitations in
`independent claims 1 and 4. Id. at 8–9.
`In view of our analysis, we do not find it necessary to expressly
`construe any terms for purposes of this Decision. See Vivid Techs., Inc. v.
`Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999) (holding that
`“only those terms need be construed that are in controversy, and only to the
`extent necessary to resolve the controversy”).
`B. Anticipation by Rice and Obviousness over Rice
`Petitioner contends that claims 1, 2, and 6 are unpatentable as
`anticipated under 35 U.S.C. § 102(e) by Rice. Pet. 12–37. Petitioner further
`contends that claims 3 and 4 are unpatentable as obvious under 35 U.S.C.
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`§ 103(a) over Rice. Id. at 38–44. For the reasons that follow, Petitioner fails
`to demonstrate a reasonable likelihood of prevailing on these grounds.
`1. Overview of Rice
`Rice describes an integrated lead or wireless head suspension flexure
`used to support read/write heads in disk drive data storage systems. Ex.
`1005, 1:6–8, 1:12–13. The integrated lead flexure has traces that can be
`configured to impedance match the preamplifier and write heads to which
`they are connected. Id. at 1:53–55. Figure 1 of Rice is depicted below:
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`Figure 1 is a schematic illustration of integrated lead flexure 10 having
`multiple configurations of leads or traces 26. Id. at 1:47–49. Flexure 10
`includes main body region 12, spring-traversing region 13, gimbal 14, and
`tail 16. Id. at 2:50–52. Traces 26 electrically interconnect pads 22 on
`gimbal 14 to preamplifier terminal pads 24 on the proximal end of tail 16.
`Id. at 2:54–56.
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`Traces 26 include first configuration trace sections 40 on main body
`region 12, spring-traversing region 13, and tail 16; and second configuration
`trace sections 50 on gimbal 14. Id. at 3:19–22. First trace sections 40
`include two sets of interleaved traces 421A, 421B and 422A, 422B. Id. at 3:22–
`24. Second trace sections 50 include two ground plane traces 521 and 522.
`Id. at 3:24–25. Proximal ends of interleaved traces 421A, 421B and 422A,
`422B are connected to respective terminal pads 24 by transition structures
`601 and 602 and traces 441 and 442. Id. at 3:26–29. Figure 1 includes
`additional elements not described.
`2. Claims 1, 2, and 6
`Independent claim 1, and dependent claim 2 by virtue of its
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`dependency, recite “second wiring patterns that are formed on one surface of
`said insulating layer . . . said second wiring pattern has fifth, sixth, seventh,
`and eight lines” (“second wiring pattern” limitation). Independent claim 6
`sets forth a commensurate limitation.
`Petitioner asserts Figures 1, 2, and 4 of Rice show second wiring
`pattern (traces 422A, 422B, 442 and 522 ) formed on insulating layer 70. Pet
`13. Petitioner identifies trace 422A as the fifth line, trace 422B as the sixth
`line, trace 442 as the seventh line, and trace 522 as the eighth line. See id. at
`17–18.
`Patent Owner contends the traces in Figures 1, 2, and 4 are not
`“formed on one surface of said insulating layer” as required. Prelim. Resp.
`11–12. In support of its contentions, Patent Owner provides an annotated
`version of Figure 2 of Rice, depicted below:
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`Id. at 12. Figure 2 (annotated) is a detailed illustration of the portion of
`flexure 10 on tail 16. Ex. 1005, 3:39–40. Patent Owner argues that, as
`shown in Figure 2, Rice’s traces 422A, 422B (depicted in blue and identified
`by Petitioner as the “fifth” and “sixth” lines) are all located on surface of
`insulating layer 70. Id. at 12. Patent Owner argues that trace 442 (depicted
`in red and identified by Petitioner as the “seventh” line) is not on the same
`insulating layer as the other traces, but is located on top of insulating
`layer 74. Id. Patent Owner asserts that, consistent with what is shown in the
`figure, Rice’s specification explains that interleaved traces 422A, 422B are
`located on a first insulating layer 70 and trace 442 is located on the surface
`of second insulating layer 74. Id. at 13.
`We have reviewed the cited evidence and we are not persuaded by
`Petitioner’s contention that Rice discloses the “second wiring pattern”
`limitation. Rice discloses traces 422A, 422B are located on a first surface of
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`insulating layer 70 (not visible in Figure 1). Id. at Fig. 2, 2:63–64, 3:40–41.
`Contrary to Petitioner’s assertion (Pet. 13) that Rice discloses trace 442
`(“seventh” line) is formed on the same surface of insulating 70, Rice instead
`describes that trace 442 is located on the surface of insulating layer 74. Id. at
`Fig. 2, 3:51–52; see also id. at 4:28–34 (describing applying insulating layer
`74 over insulating layer 70 and forming trace 442 on that layer). Thus,
`Petitioner fails to establish Rice discloses the recited “seventh” line formed
`on the same surface of the insulating layer as the fifth, sixth, and eighth
`lines.
`For the foregoing reasons, we conclude Petitioner has not
`demonstrated a reasonable likelihood of prevailing in establishing claims
`1, 2, and 6 are anticipated by Rice.
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`3. Claims 3 and 4
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`Claims 3 and 4 also recite the “second wiring pattern” limitation by
`virtue of their dependency from claim 1. Petitioner relies on the analysis of
`claim 1 to meet the “second wiring pattern” limitation and does not set forth
`any analysis or argument regarding why it would have been obvious to one
`of ordinary skill in the art, in view of the teachings of Rice, to form the
`seventh line on the same surface of the insulating layer as the remaining
`wires of the second wiring pattern. See Pet. 38–44. Accordingly, Petitioner
`fails to cure the deficiencies discussed above and has not demonstrated a
`reasonable likelihood of prevailing on this challenge.
`C. Obviousness over Young and Yang
`Petitioner contends that claims 1–4 and 6 are unpatentable as obvious
`under 35 U.S.C. § 103(a) over Young and Yang. Pet. 44–80. For the
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`following reasons, Petitioner fails to demonstrate a reasonable likelihood of
`prevailing on this ground.
`Young describes planar interleaved trace interconnect structures for
`connecting read/write heads to preamplifier/driver circuits. Ex. 1006, 1:24–
`26. The trace interconnect structures provide reduced inductance and
`characteristic impedance in order to match a magnetoresistive (MR) thin-
`film head to a preamplifier. Id. at 1:26–29. Figure 1 of Young is depicted
`below:
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`Figure 1 illustrates a diagrammatic top plan view of an exemplary head/disk
`assembly (HDA) of hard disk drive 30. Id. at 5:4–6. Disk drive 30 includes
`rigid base 32 supporting spindle 34 for rotating storage disk 36; and rotary
`actuator assembly including voice coil 42, which when selectively energized
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`moves and positions actuator E-block 44 and head arms 46 at radial track
`positions defined on the facing surface of storage disk 36. Id. at 5:14–24.
`Hard disk drive 30 employs at least one load beam assembly 10 having a
`flexure including a multi-trace interleaved transmission line 16. Id. at 5:6–9.
`Multi-trace transmission line 16 connects to a hybrid circuit substrate 52,
`which secures and connects semiconductor chip 54 providing read
`preamplifier and write driver functions. Id. at 5:33–38.
`A transmission line trace array that may be employed in hard disk
`drive 30 is shown in Figure 5, depicted below:
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`Figure 5 illustrates a four-trace interleaved transmission trace array formed
`in a single plane on a single polyimide dielectric film layer. Id. at 6:39–41.
`Transmission trace array 16B includes four interleaved trances 60A-60B,
`62A-62B. Id. at 6:41–42. Traces 60A, 60B are connected by trace bridge
`61A at MR element 26 end, and by a second bridging path 63A at
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`preamplifier 54 end. Id. at 6:43–45. Traces 62A, 62B are connected by
`trace bridge 61B at preamplifier 54 end and second bridging path 63B at MR
`sensor 26 end. Id. at 6:45–47.
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`Petitioner relies on Young to meet the recitations “first wiring pattern
`has first, second, third and fourth lines” and “second wiring pattern has fifth,
`sixth, seventh and eight lines” in claim 1. Pet. 51–53. Specifically,
`Petitioner identifies trace 60A as the first line, trace 60B as the second line,
`trace 62A as the fifth line, and trace 62B as the sixth line. Id. Petitioner
`identifies the arrows in Figure 5 to MR read write structure 26 as the third
`and seventh lines. Id. at 52–53. Petitioner identifies the arrows in Figure 5
`to preamplifier chip 52 as the fourth and eighth lines. Id. The testimony of
`Petitioner’s expert, Dr. Coughlin, repeats these assertions. See Ex. 1008
`¶¶ 162, 163.
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`Petitioner and its expert assert Young also meets the recited “fourth
`line extends to be branched from the other end of said first line or the other
`end of said second line and is connected to said second electrode pad.” They
`rely on Young’s disclosure of the fourth line (arrow representing wire to
`preamplifier chip 54) branching from first line 60A and coupled to one of
`the pads of second pad array 27 (second electrode pad) that is coupled to
`preamplifier chip 54. Pet. 55; Ex. 1008 ¶ 166. Petitioner makes similar
`assertions for the “eighth line extends to be branched” limitation. See Pet.
`57–58.
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`Patent Owner contends that Young does not disclose the third, fourth,
`seventh, or eighth line limitations. Prelim. Resp. 20–21. Patent Owner
`argues that Figure 5 of Young provides no information regarding how traces
`60A, 62A, 60B, and 62B connect to other circuitry present on the flexure.
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`Id. at 21–22. Patent Owner asserts the figure just vaguely indicates the
`traces can be connected “To 54” or “To 26” via some unspecified means and
`therefore, at best, imply there is some electrical connection between the
`traces shown in Figure 5 and elements 54 and 26. Id. at 22. Patent Owner
`argues the claims require more than mere electrical connection. Id.
`With regard to the “fourth” and “eighth” lines “extend to be
`branched” limitations, Patent Owner argues Young never mentions a
`“second pad array 27” and does not describe element 27 shown in Figure 2.
`Id. at 23. Patent Owner further argues that any traces of Young connecting
`to substrate 52 of semiconductor chip 54 would not be located on the same
`insulating layer as traces 60A, 62A, 60B, and 62B, but rather would be
`located on an entirely different side of the device and would be supported by
`the ceramic of substrate 52. Id. at 23.
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`We agree with Patent Owner that Petitioner does not support
`adequately its contentions that Young discloses the third, fourth, seventh, or
`eighth line limitations. On the record before us, we are persuaded that
`Figure 5 merely illustrates directional arrows (to elements 26 and 54) and
`does not disclose that these arrows are lines of a wiring pattern. See 1006,
`Figure 5. Neither Petitioner nor its expert explain why the directional
`arrows would have be understood by one of ordinary skill in the art to be
`lines of a wiring pattern.
`Furthermore, contrary to Petitioner’s assertion, Petitioner has not
`shown that Young discloses the directional arrows to element 54 (identified
`as the fourth and eighth lines) are “coupled to one of the pads of the second
`pad array 27” (identified as the second and fourth electrode pads) illustrated
`in Figure 2. Young does not discuss element 27 in the cited sections of its
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`specification, let alone that the directional arrows to 54 depicted in Figure 5
`connect to element 27. Moreover, Young describes semiconductor chip 54
`is supported on a different layer (ceramic layer 52) than interleaved traces
`60A, 60B, 62A, 62B formed on polyimide dielectric film layer. See Ex.
`1006, 5:36–37, 5:45–47, 6:39–41. Thus, Petitioner does not support its
`contentions Young discloses fourth and eighth lines formed on the same
`surface of the insulating layer as the other lines of the first and second
`wiring patterns that are connected to second and fourth electrode pads,
`respectively.
`We, therefore, determine Petitioner does not establish the recited
`third, fourth, seventh, and eighth lines recited in claim 1 (and its dependent
`claims 2–4) would have been obvious over Young and Yang. Claim 6
`recites limitations similar to those discussed above with reference to claim 1.
`Petitioner cites to its analysis of claim 1 to support its contention that Young
`discloses these limitations (Pet. 79–80) and, thus, its analysis contains the
`same deficiencies as its analysis of claim 1.
`Accordingly, for the foregoing reasons, we conclude Petitioner has
`not demonstrated a reasonable likelihood of prevailing in establishing claims
`1–4 and 6 would have been obvious over Young and Yang.
`III. ORDER
`In view of the foregoing, it is:
`ORDERED that Petitioner’s request for inter partes review of claims
`1–4 and 6 of U.S. Patent 7,923,644 is denied.
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`PETITIONER:
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`Jennifer Hayes
`Daniel J. Burnham
`NIXON PEABODY LLP
`jenhayes@nixonpeabody.com
`dburnham@nixonpeabody.com
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`PATENT OWNER:
`
`Alex V. Chachkes
`Don Daybell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`A34PTABDocket@orrick.com
`D2DPTABDocket@orrick.com
`
`
`
`
`19
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`

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