Appeal No. 94-0166
Application No. 07/815,316
See page 2, lines 5-6. Thus, we find that the original
disclosure of the application (taken as a whole) would have
reasonably conveyed to the artisan that appellants had possession
of the later claimed subject matter, i.e., “depositing a layer of
conformal dielectric, said layer contacting at least a portion of
said gate electrodes”, at the time the application was filed.
Accordingly, we reverse the examiner’s decision rejecting claims
1 through 5 under 35 U.S.C. § 112 as well.
CONCLUSION
Having determined that the examiner has failed to supply
evidence sufficient to establish a prima facie case of
unpatentability under 35 U.S.C. § 103 and § 112, first paragraph,
we reverse the examiner’s rejections of all appealed claims
thereunder.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
) BOARD OF PATENT
TEDDY S. GRON ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
CHUNG K. PAK )
Administrative Patent Judge )
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