Ex parte WACHTLER et al. - Page 5




          Appeal No. 1998-0152                                                        
          Application No. 07/966,645                                                  


          such step is found in Eichelberger” (Request for                            
          Reconsideration-page 3).                                                    


               Figure 1 of Eichelberger shows a thin film overlay 18 on               
          the surface of the device 14 and on the surface 13 of                       
          substrate 12.  While the surfaces of the device and the                     
          substrate in Figure 1 of Eichelberger are not “adjacent and                 
          substantially parallel,” as claimed, the surfaces would be                  
          “adjacent and substantially parallel” if the device 14 were                 
          placed within a cavity in the substrate 12 rather than on the               
          surface of substrate 12.  Yet, as we explained in our                       
          decision, at pages 4-5, and herein, supra, both Eichelberger                
          and Kornrumpf suggest that a semiconductor device may be                    
          placed in a cavity in a substrate wherein the surface of the                
          device is substantially at the level of the substrate surface.              
          Clearly then, it would have been obvious to the skilled                     
          artisan, within the meaning of 35 U.S.C. § 103, to have placed              
          the device 14 of Eichelberger in a cavity within substrate 12,              
          resulting in the thin film 18 being formed on the surface of                
          the device and on the surface of the substrate adjacent and                 
          substantially parallel with the surface of the device.                      
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