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Docket No.: 4459-147 



PATENT 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re Application of 



SuTAO 



Confirmation No. 9419 



U.S. Patent Application No. 10/826,261 



Group Art Unit: 2815 



Filed: 



April 19, 2004 



Examiner: Chris C. Chu 



For: MICROMACHINE PACKAGE AND METHOD FOR MANUFACTURING THE 



By Official Action mailed April 6, 2005, restriction to one of the following inventions is 
required: 

Group I: Claims 1-19, drawn to a micromachine package, classified in 

class 257, subclass 678. 
Group II: Claims 20-23, drawn to a method for manufacturing a plurality 

of micromachine packages, classified in class 438, subclass 1+ 

In response, Applicants hereby elect Group L 

Restriction to one of the following species of the invention of Group I is further required: 

Species I: Micromachine package having a first chip and a second chip, 

shown in Figs. 4-13, to which claims 1-7 are drawn. 
Species II: Micromachine package having a first chip and a lid wherein 



SAME 



RESPONSE TO RESTRICTION REQUIREMENT 



Commissioner for Patents 
PO. Box 1450 
Alexandria VA 22313-1450 



Sir: 



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JZLM2/003 



Application No>: 10/826,261 



Docket No,; 4459-147 



pads are formed on the chip, shown in Fig. 16, to which claims 
8-13 are drawn. 



Species III: Micromachine package having a first chip and a lid wherein 



pads are formed on the lid, shown in Fig. 18, to which claims 
14-19 are drawn. 



In response, Applicants hereby elect Species I (FIGs. 4-13). 
Claims 1-7 are readable on the elected invention and species. 

The invention election was made with traverse because (i) the Examiner has foiled to 
demonstrate why the hypothetical process mentioned in page 2, lines 5-7 from bottom, of the 
Restriction Requirement can be regarded as a materially different process, and (ii) the search and 
examination of the entire application can be made without serious burden. Inventions II and I are 
related as process of making and product made. In the relevant art, i.e., semiconductor device 
design and fabrication, references often describe both the semiconductor device's structure and 
manufacturing method, as will be apparent to the Examiner upon conducting a search for prior 
art. Therefore, both Inventions I and II can be covered, in a single search. Accordingly, 
Applicants respectfully submit that the search and examination of the entire application can be 
made without serious burden on the Examiner. 

The species election was made with traverse, because the Examiner has failed to follow 
proper USPTO practice and procedure. 

Every requirement to restrict has two aspects: 

(A) the reasons (as distinguished from the mere statement of conclusion) why the 
inventions as claimed are either independent or distinct; and 

(B) the reasons for insisting upon restriction therebetween. See MPEP, section 808 
(emphasis added). 



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0003/003 



Application No.: 10/826,261 



Docket No.: 4459-147 



In this case, the Examiner has met none of the above requirements, simply alleging that 
the species are distinct without providing any reason whatsoever. 

In view of the above, withdrawal of the Restriction Requirement and consideration of all 
claims pending in the instant application are believed appropriate and therefore courteously 
solicited. 

Early examination on the merits is respectfully requested. 

To the extent necessary, a petition for an extension of time under 37 C.F.R. 1.136 is 
hereby made. Please charge any shortage in fees due in connection with the filing of this paper, 
including extension of time fees, to Deposit Account 07-1337 and please credit any excess fees to 
such deposit account. 

Respectfully submitted, 



LOWE HAUPTMAN & BERNER, LLP 




Randy Noranbrock 
Registration No. 42,940 



for: Benjamin J. Hauptman 
Registration No. 29,310 



USPTO Customer No. 22429 
1700 Diagonal Road, Suite 310 
Alexandria, VA 22314 
(703) 684-1111 BJH/KL/klb 
(703)518-5499 Facsimile 
Date: May 6, 2005 



CERTIFICATION OF FACSIMILE TRANSMISSION 
I HEREBY CERTIFY THAT THIS PAPER IS BEING FACSIMILE TRANSMITTED 
TO THE PATENT AND TRADEMARK OFFICE ON THE DATE SHOWN BELOW 




NAME OF PERSON SIGNING CERTIFICATION 



Kindra Bryant 



May 6. 2005 



DATE 



703-872-9306 
FACSIMILE NUMBER 



3 



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