Appeal No. 95-5110
Application 07/918,954
desirability of the modification." In re Fritch, 972 F.2d
1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.
1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). "Obviousness may not be established
using hindsight or in view of the teachings or suggestions of
the inventor." Para-Ordnance Mfg. v. SGS Importers Int’l, 73
F.3d at 1087, 37 USPQ2d at 1239, citing W. L. Gore & Assocs.,
Inc. v. Garlock, Inc., 721 F.2d at 1551, 1553, 220 USPQ at
311, 312-13. We note that the Examiner has not shown that the
prior art would have suggested to one of ordinary skill in the
art to use a trench structure in the Tsuzuki transistor.
Furthermore, even if there is such a suggestion, we fail to
find any suggestion in the cited prior art to those skilled in
the art to provide a trench that is defined in only the upper
layer and extending to within a predetermined distance of the
lower layer as claimed.
In view of the foregoing, the decision of the Examiner
rejecting claims 2 through 4, 7 and 10 through 12 is reversed.
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